SANKARA SUBBU Vs. SELVI

JUDGEMENT

(1.) HE appeal is filed by the injured, who suffered 35% permanent and partial disability in the Motor Vehicle Accident that occurred on 31.5.2004. The appellant travelled in the bus owned by the first respondent and the second respondent is the insurer. The appellant was a two wheeler Mechanic and it is not disputed by the second respondent. The appellant claimed Rs.2,00,000/ - as compensation by filing M.C.O.P.No.511 of 2004, before the Motor Accident Claims Tribunal, Tirunelveli. The appellant got examined himself as P.W.1, and the Doctor who issued the disability certificate was examined as P.W.2 and Exs.A -1 to A -9 were marked on the side of the appellant. The second respondent examined two witnesses and Exs.R -1 and R -2 were marked on the side of the second respondent. The Tribunal passed the award, dated 14.7.2008, awarding compensation of Rs.51,000/ - to the appellant payable by the second respondent. The Tribunal took Rs.1,000/ - as monthly income of the appellant. The Tribunal applied the multiplier of '17', taking into account the age of the appellant as 20. The Tribunal proceeded to compute the compensation using the table given in the second schedule for assessing total disablement. The Tribunal arrived at Rs.2,16,000/ - as compensation for 100% disablement. The Tribunal fixed the disablement of the appellant at 20%. Therefore, the compensation was calculated at Rs.43,000/ -. The Tribunal further awarded Rs.7,000/ - for the injuries suffered and Rs.800/ - for extra -nourishment and in total Rs.51,000/ - was awarded as compensation. The appellant has preferred this appeal against the said order granting Rs.51,000/ - as compensation.

(2.) HEARD Mr.T.Selvakumaran, learned counsel for the appellant and Mr.V.Kathirvelu, learned counsel for the first respondent and Mr.S.Srinivasa Raghavan, learned counsel for the second respondent.

(3.) THE learned counsel for the appellant submits that the entire approach of the Tribunal is erroneous. There is no reason for the Tribunal to adopt the multiplier method following second schedule of Motor Vehicle Act. The learned counsel submit that the second schedule has to be applied only in cases of total disablement and deaths.