P.MANIKANDAN Vs. M.RAMESH

JUDGEMENT

(1.) THE injured claimant is the appellant in the Civil Miscellaneous Appeal. He made a claim for Rs.6,00,000/ - as compensation against the respondents 1 and 2 as owner and insurer respectively of the offending vehicle, namely a car bearing Regn. No.TN -05 V -0533. The claim was made on the basis of his contention that the accident took place solely due to the rash and negligent driving of the said vehicle by its driver and that he sustained grievous injuries including fractures.

(2.) THE first respondent/owner of the vehicle did not contest the case and he remained ex -parte before the Tribunal. The second respondent/insurer of the offending vehicle alone contested the case before the Tribunal, not only on the grounds available to the insurer under Section 149 of the Motor Vehicles Act, 1998, but also on all other grounds available to the insured, after getting the leave of the Tribunal under Section 170 of the Motor Vehicles Act, 1988.

(3.) BASED on the evidence of PWs.1 and 2 and also the documents including medical bills evidencing the treatment given to the appellant/claimant and also relying on Ex.P11 -disability certificate, the Tribunal found the appellant/claimant to have suffered permanent disability to the tune of 65%. However, in view of the admission made by the appellant/claimant that he was working as an Assistant in a private concern and he did not lose his job, the Tribunal chose to award a lumpsum amount as compensation for the disability. It awarded a sum of Rs.1,30,000/ - for the permanent disability. A sum of Rs.2,16,250/ - was awarded as compensation for the medical expenses. Another sum of Rs.36,000/ - was awarded towards loss of earning for eight months during the period he underwent treatment. Adding some amounts towards pain and suffering, transportation expenses, extra nourishment and expenses on medical attendants, the Tribunal arrived at the figure of Rs.4,49,750 as the amount that could be reasonably fixed as compensation, to which the appellant/claimant would be entitled. Accordingly, the Tribunal passed an award directing the respondents 1 and 2 to pay the above said amount along with an interest at the rate of 7.5% per annum from the date of filing of the MCOP till deposit and also cost.