NITHIN RAJ Vs. RIYAS P.T. AND OTHERS

JUDGEMENT

(1.) The injured in OP(MV) No.1057/2011 of Motor Accidents Claims Tribunal, Kozhikode is the appellant, who sustained serious injuries in a motor accident on 11.09.2010 at about 1.30 pm and the learned Tribunal awarded compensation of Rs. 79,000/- with interest and cost. Being dissatisfied by the award amount, injured preferred this appeal.

(2.) The learned counsel appearing for the appellant contended that in Ext.A5 disability certificate, Doctor certified 41% of disability but the Tribunal took 10% disability and meagre amount was awarded.

(3.) Apex court in Raj Kumar v. Ajay Kumar [2011(1) KLT 620 (SC)] held that "where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity. The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. In most of the cases, the percentage of economic loss, that is, percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability. Some Tribunals wrongly assume that in all cases, a particular extent (percentage) of permanent disability would result in a corresponding loss of earning capacity, and consequently, if the evidence produced show 45% as the permanent disability, will hold that there is 45% loss of future earning capacity. In most of the cases, equating the extent (percentage) of loss of earning capacity to the extent (percentage) of permanent disability will result in award of either too low or too high a compensation. What requires to be assessed by the Tribunal is the effect of the permanently disability on the earning capacity of the injured; and after assessing the loss of earning capacity in terms of a percentage of the income, it has to be quantified in terms of money, to arrive at the future loss of earnings (by applying the standard multiplier method used to determine loss of dependency). We may however note that in some cases, on appreciation of evidence and assessment, the Tribunal may find that percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent disability in which case, of course, the Tribunal will adopt the said percentage for determination of compensation."