Case: S. Perumal Vs. K. Ambika &amp; Anr

3. The brief facts of the case are:- On 18.11.2009, a lorry bearing Registration No. TN 27 0907 owned by Respondent No.1, while driven by his driver in a rash and negligent manner dashed TVS 50 (bearing Registration No. TN 28 X 4892) driven by the appellant from behind, due to which appellant sustained in the eye-brow, chest and multiple injuries all over the body. The second respondent herein is an insurance company with which the vehicle involved in the accident was insured.4. Appellant filed an application before the Motor Accident Claims Tribunal, claiming compensation of Rs.5,00,000/- for the injuries sustained by him in the alleged accident. The tribunal upon consideration of the rival contentions, vide order dated 9.09.2011 awarded compensation of Rs.25,300/- alongwith interest at the rate of 7.5% per annum. The appellant being dissatisfied with the amount of compensation, approached the High Court of Judicature at Madras in C.M.A. No.554/2013, wherein vide impugned judgment dated 27.2.2013, the High Court refused to interfere with the findings of the tribunal on the ground that the appellant has suffered only simple injuries.

Reasoning: 12. The primary evidence of PWs 1 and 2 and Radiology report ought not to have been discarded in the absence of any cogent evidence led by the respondent stating that they are false. Thus, the appellant duly discharged his initial burden of proof and after that it was upon the respondents to lead further evidence. Dr. Balaji (RW-1) himself admitted in his re-examination that he did not check whether there was any injury on the rightclaimant was a poultry labourer, he would have earned not less than Rs.4,500/- per month. Considering the nature of occupation of the claimant and the 25% disability, in our considered view, lumpsum compensation of Rs.2,00,000/- towards loss of future earnings, on account of permanent disability, Rs.13,500/- (Rs.4,500 x 3) is awarded for the loss of earning during the period of treatment. Considering the nature of treatment and the medical bills (Exp.5), for which an amount of Rs.1,00,000/- is awarded towards medical expenses; Rs.50,000/- is awarded towards pain and sufferings; Rs.10,000/- is awarded for transport charges and Rs.10,000/- is awarded for attendant charges; Rs.10,000/- is awarded towards extra nourishment and Rs.50,000/- is awarded towards loss of amenities.