IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 27.02.2017 CORAM THE HON'BLE Dr.JUSTICE S.VIMALA C.M.A.No.613 of 2017 D.Rajkumar ... Appellant Vs.
1. D.Leela
2. United India Insurance Co. Ltd., 19, Andiappa Grammi Street, Royapuram, Chennai-13. ... Respondents Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 10.04.2012 made in M.A.C.T.O.P.No.807 of 2009 on the file of the Motor Accident Claims Tribunal, [Additional District & Sessions Judge], FTC-IV, Chennai.
For Appellant : Mr.K.V.Muthuvisakan For Respondents : Mr.J.Chandran for R2 J U D G M E N T The claimant, D.Rajkumar, aged 24 years, a two-wheeler mechanic, earning a sum of Rs.6,000/- per month, suffered head injury http://www.judis.nic.in in an accident that took place on 17.02.2009. Therefore, he filed a claim petition in M.A.C.T.O.P. No.807 of 2009 claiming compensation in a sum of Rs.6,00,000/-.
2. The Tribunal, on consideration of oral and has quantified the compensation at Rs.1,85,000/- , the break-up of which is as hereunder:-
Injuries : Rs. 60,000/-
Treatment & Other : Rs. 25,000/- Expenses Pain & Suffering : Rs.1,00,000/- Total Rs.1,85,000/-
Challenging the award as inadequate, the claimant has preferred this appeal.
3. Learned counsel appearing for the appellant contended that the claimant has suffered fracture in right femur and fracture below knee and the Tribunal should have adopted multiplier method while awarding compensation.
5. A perusal of the materials available on record as well as the order passed by the Tribunal reveals that the claimant has taken http://www.judis.nic.intreatment as an inpatient from 17.02.2009 to 08.04.2009 i.e., for a period of 50 days. Surgery was done, screw and tension band wire were fixed. It is evident from the records that despite the surgery performed, there is malunion. The doctor has assessed the disability at 55%. It is further evident from the records that for removal of the screws which have been fixed, there would be future medical expenses. In such circumstances, as contended by the learned counsel for the appellant, the Tribunal has not awarded compensation on many of the heads. Therefore, this Court is of the considered opinion that not only the compensation granted under the above heads is inadequate, but compensation needs to be granted under the other appropriate heads as well.
6. Insofar as award of compensation for disability is concerned, on an overall consideration this Court is of the view that the case on hand requires adoption of multiplier method. Though the doctor has assessed the disability at 55%, however, this Court feels that functional disability is what to be considered and, accordingly, fixes the functional disability at 40%. Accordingly adopting a multiplier of 18, this Court fixes the loss of earning capacity at Rs.2,59,200/- (Rs.3000 X 12 X 18 X 40/100).
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7. As pointed out above, the Tribunal has not awarded compensation under many of the customary heads. It is borne out by record that the claimant has suffered grievous injuries and has underwent surgeries and future medical expenses are also likely to be incurred for removal of screws implanted in the knee. The Tribunal has not considered compensation for transportation, extra nourishment, future medical expenses & pain and suffering. Therefore, this Court is of the considered view that the compensation requires enhancement and, accordingly, the compensation is enhanced and awarded under the following heads :-
vi. Loss of earning capacity Rs. 2,59,200/-
8. In the result, the appeal is allowed and the compensation is enhanced from Rs.1,85,000/- to Rs.3,74,200/-. However, there shall be no order as to costs.
9. The respondent/ Insurance company is directed to deposit the http://www.judis.nic.inenhanced award amount, as ordered by this Court above, along with interest and costs as awarded by the Tribunal, less the amount, if any, already deposited, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the claimant through RTGS within a period of two weeks thereafter. Court fee due shall be paid by the claimant before obtaining copy of the judgment.
27.02.2017
Index : Yes/No Internet : Yes/No gya/GLN To
1. The Motor Accident Claims Tribunal, [Additional District & Sessions Judge], FTC-IV, Chennai.
2. The Section Officer, V.R.Section, High Court, Madras.
http://www.judis.nic.in Dr.S.VIMALA, J.
gya/GLN C.M.A.No.613 of 2017 27.02.2017 http://www.judis.nic.in