MOHAN RAJ Vs. IYYAPPAN

JUDGEMENT

(1.) The claimant has before the Motor Accident Claims Tribunal pondicherry, in M.AC.T.O.P.No.1184 of 2017 is the appellant in this Civil Miscellaneous Appeal.

(2.) Aggrieved by the insufficiency of the compensation awarded by the Tribunal, he has brought forth the above said Civil Miscellaneous Appeal, stating that the Tribunal failed to take note of the nature of grievous injury sustained by him and also failed to take note of the disability assessed by the Medical Board, wrongly adopted the percentage method instead of adopting multiplier method and the salary of the appellant taken as Rs.25,000.00 is very low in terms of income for a period of eight months.

(3.) The appellant/claimant herein preferred a claim on the file of the Motor Accidents Claims Tribunal, puducherry by filing M.AC.T.O.P.No.1184 of 2017 praying for an award against the respondents for the injuries sustained by him in the accident took place on 26/9/2017 at about 9.30 p.m. The facts can be briefly stated thus: On 26/9/2017 at about 9.30 p.m. The appellant/claimant was riding in a Yamaha Motor Cycle bearing Reg. No.TN-41-H-5466 near Venkata nagar, puducherry from North to South direction. At the time, the rider of the Unicorn motor cycle bearing Reg.No.PY-01-CJ-8346 came in the opposite direction from South to North in a rash and negligent manner at high speed and dashed against the appellant's motor cycle. Due to the sudden impact, the appellant/claimant was thrown away in which the appellant/claimant sustained grievous injury over his head, face and left leg and multiple injuries all over his body. Immediately the petitioner was taken to Government Hospital, Puducherry and for further treatment, he was taken to Apollo Hospital, Chennai. The injuries resulted in permanent disability and consequential loss of earning capacity. Prior to the accident, the appellant/claimant was earning not less than Rs.25,000.00 per month. Due to the injuries sustained in the accident and the resultant permanent disability, he lost his earning capacity totally. The 1 st and 2 nd respondents being the owner and insurer of the offending vehicle respectively as on the date of accident and hence, they were jointly and severally liable to pay compensation to the appellant/claimant.