Non-functional permanent disability compensation assessed per percentage without multiplier; enhancements and reductions balanced to confirm original award.

JUDGMENT

The present civil Miscellaneous Appeal has been filed seeking to enhance the award dated 17.03.2023 made in the MACTOP.No.5758 of 2019 on the file of the Motor Accident Claims Tribunal-II Judge, Small Causes Court, Chennai.

2. The facts leading to the present lis are that the claimant/petitioner, aged about 19 years and then pursuing B.Com. (Ist Year) at Mohamed Sathak College of Arts and Science, Sholinganallur, met with an accident on 13.08.2019, at Greenways Road, opposite the State Human Rights Office. While the claimant was travelling in his motorcycle bearing Registration No. TN 11 W4558 at about 04:00 hours, he was hit by another motorcycle bearing Registration No. TN 06 W 3634 which was coming from the opposite direction, driven in a rash and negligent manner by its rider, endangering public safety.

3. As a result of the said accident, the claimant sustained grievous injuries, including a fracture of the right leg bone, facial injury on the left cheek, fracture of three teeth and multiple other injuries. He was immediately admitted to the hospital, where he underwent treatment and was subsequently assessed with 27% permanent disability. The first and second respondents are the owner and insurer of the offending motorcycle, respectively. Hence, the claimant filed a petition in M.C.O.P. No. 5758 of 2019 before the Motor Accidents Claims Tribunal, claiming compensation of Rs.20,00,000/- against the respondents.

4. The first respondent, despite service of notice, failed to appear and contest before the Tribunal and was therefore, set as ex parte on 27.01.2020. The second respondent filed a counter, denying all the allegations and putting the claimant to strict proof of his claim. It was specifically contended that the accident was not caused by the vehicle insured with the second respondent and, therefore, the insurer is not liable to pay any compensation to the claimant.

5. Based on the pleadings of both parties, the learned Claims Tribunal framed the necessary points for consideration for the proper adjudication of the claim petition.

1. Whether the accident took place due to rash and negligent act o the rider of the Motor Cycle bearing Registration No.TN 06 W 634?

2. Whether the Petitioner / Claimant had sustained injuries due to accident? 3. Whether the Respondents are liable to pay the compensation to the petitioner/claimant ?

4. Whether the Petitioner/Claimant is entitle foe Compensation ? If so, from whom and what is the quantum ?

5. To what other relief the petitioner is entitled too?

6. The claimant himself was examined as petitioner side’s witness PW1 and exhibits Ex.P1 to Ex.P19 were marked as evidence.

7. The learned Claims Tribunal after hearing both sides and perusing the materials available on records had discussed and determined the answers for the aforesaid points for consideration. Insofar as the Point No.1 is considered the learned Claims Tribunal held that the accident was caused due to the rash and negligence on the part of the rider of the1^st respondent’s vehicle. As for the Point Nos.2 and 3 are considered, the learned Claims Tribunal had held that the claimant sustained injuries only due to the accident dated 13.08.2019 and hence the 1^st and 2^nd respondents are jointly and severally liable to pay the compensation. Since the Point Nos.1 to 3 are decided in favour of the claimant, the learned Claims Tribunal answered the Point Nos. 4 and 5 and held that the claimant is entitled to a sum of Rs.3,32,644/- rounded off to Rs.3,32,700/-. Therefore the learned Claims Tribunal vide its award dated 17.03.2023 had granted a compensation to a tune of Rs.3,32,700/- in fav