METROPOLITAN TRANSPORT Vs. K. SHANKAR

JUDGEMENT

(1.) IN a road traffic accident which took place on 14.2.1989,18 years old youth who was working as helper in a Lathe suffered serious injuries resulting in amputation of right leg above knee causing 80% permanent disability as certified by P.W. 4 doctor, giving rise to claim petition in M.A.C.O.P. No. 624/1989 before the Motor Accident Claims Tribunal (Chief Judge), Court of Small Causes at Chennai. The Tribunal on appreciation of evidence passed an award only for a sum of Rs. 25,000/- under 'No-Fault Liability', on the ground that the accident took place solely on account of negligence on the part of the injured. However, on appeal by the claimant, this Court passed an award for a sum of Rs. 4,50,000/- with interest thereon at 12% p.a. from the date of petition till realisation. Hence this appeal by the owner of the bus.

(2.) HAVING heard learned Counsel appearing on both sides, we are not persuaded to interfere with the order of the learned Single Judge in this appeal. It has come out in evidence that the injured was working as a helper in a Lathe earning Rs. 500/- per month as on the date of accident. Considering his age, the multiplier of "18" can be adopted. Thus on the above figures, the compensation for permanent disability can be worked out as under: Rs. 500 x 12 x 18 x 80/100 : Rs. 86,400/-. In the absence of appeal by the injured, we limit the compensation under the above head to a sum of Rs. 80,000/-. Further, it has come out in evidence that the claimant underwent hospitalization for a period of two months. Considering the crush injury suffered by him, he might have certainly suffered severe pain during the hospitalisation and accordingly we confirm the amount of Rs. 50,000/- towards compensation for pain and suffered. For loss of future amenities, we award a sum of Rs. 1,00,000/- and towards loss of earning during the period of hospitalisation for two months we award a sum of Rs. 1,000/- in lieu of Rs. 2,000/- awarded by this Court. For loss of marriage prospects, the sum of Rs. 50,000/- awarded by the learned Single Judge is confirmed. Since the claimant has suffered amputation of right leg, he will certainly require the assistance of some other person for which adequate provision has to be made and accordingly we award a sum of Rs. 1,00,000/- under that head. However, we delete a sum of Rs. 1,00,000/- being the compensation awarded under the head of mental agony. For medical expenses, a sum of Rs. 7,000/- is awarded by the learned Single Judge and we confirm the same; the sum of Rs. 50,000/- awarded by the learned Single Judge for mental anguish suffered by parents is not liable to be granted and the same is rejected. For transportation and extra nourishment, a sum of Rs. 11,000/- awarded by the learned Single Judge is confirmed. In addition to the above said amounts, a sum of Rs. 50,000/- is awarded towards expenses for artificial limb. Thus, in total the injured will be entitled to a total sum of Rs. 4,49,000/- which will carry interest thereon at 12% p.a. from the date of petition till realisation.

(3.) IN the result, we pass an award for a sum of Rs. 4,49,000/- with interest thereon at 12% p.a. from the date of petition till realisation. L.P.A. is ordered accordingly. No costs.