Appeal dismissed, confirming compensation award. Insurance liability upheld. Court accepts disability assessment. Guidelines for streamlined claims process.

The appeal was dismissed, confirming the Tribunal's award of Rs.18,37,840/- to the claimant for various components of compensation. The liability of the insurance company to pay compensation and recover from the vehicle owner was upheld. The assessment of permanent disability and future income loss at Rs.12,66,940/- was accepted by the Court. Specific procedural guidelines were provided for disability assessment to streamline the claims process. The claimant was allowed to withdraw the remaining award upon application.

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Issues Involved:
1. Quantum of compensation awarded by the Tribunal.
2. Determination of liability for compensation payment.
3. Assessment of permanent disability and its impact on compensation.
4. Procedural guidelines for the assessment of disability and expeditious disposal of claims.

Issue-wise Detailed Analysis:

1. Quantum of Compensation Awarded by the Tribunal:
The appeal primarily contested the quantum of compensation awarded by the Tribunal. The Tribunal had granted a total compensation of Rs.18,37,840/- to the claimant, which included amounts for future loss of earnings, medical expenses, pain and suffering, mental agony, loss of amenities, transport expenses, and nutrition expenses. The appellant insurance company did not dispute the Tribunal's finding that it was liable to pay the compensation but challenged the quantum awarded.

2. Determination of Liability for Compensation Payment:
The Tribunal's decision that the insurance company was liable to pay compensation to the claimant and recover the same from the vehicle owner was confirmed. The insurance company did not raise serious objections to this finding.

3. Assessment of Permanent Disability and Its Impact on Compensation:
The claimant presented medical evidence to substantiate the extent of injuries and resultant disability. The Tribunal assessed the claimant's income at Rs.6,000/- per month and added 50% for future prospects, calculating the loss of future income at Rs.12,66,940/-. The Court found no reason to interfere with this assessment considering the claimant's age, profession, and the date of the accident.

4. Procedural Guidelines for the Assessment of Disability and Expeditious Disposal of Claims:
The judgment emphasized the need for uniformity and consistency in the assessment of permanent disability to avoid excessive litigation and ensure expeditious disposal of claims. The Court referred to guidelines issued by the Ministry of Social Justice and Empowerment and advocated for the use of Medical Boards to assess and certify permanent disability. The Court issued several specific directions to streamline this process:
- Claims Tribunals should refer claimants to District Medical Boards for disability assessment.
- Medical Boards should follow the guidelines and procedures outlined in the Central Government's notification for disability assessment.
- Certificates issued by Medical Boards should be accepted without the need for further oral evidence, except in exceptional cases.
- The new procedure should be implemented from 1st August 2016, with necessary logistical support arranged beforehand.
- The High Court Registry should circulate the judgment and directions to all relevant Medical Boards and District Courts in Tamil Nadu.

Conclusion:
The appeal was dismissed, and the Tribunal's award and decree were confirmed. The Court provided detailed procedural guidelines to ensure uniform and consistent assessment of permanent disability, aiming to reduce litigation and expedite the compensation process for motor accident victims. The claimant was permitted to withdraw the remaining award amount upon filing the appropriate application before the Tribunal.

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