SHRIRAM GENERAL INSURANCE CO. LTD. Vs. U. NITTINKUMAR

JUDGEMENT

(1.) In an accident which occurred on 10/12/2013, the 1st respondent/claimant sustained crush injuries. He filed a claim petition in MCOP.No.499 of 2014, on the file of Motor Accident Claims Tribunal (I Additional District Judge), Thoothukudi, and the Tribunal has awarded compensation of Rs.62,67,730.00 with 7.5% interest per annum, from the date of petition, till the date of deposit. Challenging the quantum of compensation, the insurance company has filed this appeal.

(2.) The learned counsel for the appellant would state that though the 1st respondent/claimant said to have sustained 57% disability, he is still continuing his avocation as Banking Officer and when there is no total disablement or functional disability to the claimant, resulting in loss of earning capacity, the Tribunal ought not to have applied multiplier method, which is arbitrary. He would further state that the award of Rs.1,00,000.00 towards attendant charges, Rs.50,000.00 towards loss of amenities are on the higher side. Thus, he would pray for appropriate modification on the quantum.

(3.) The 1st respondent/claimant has filed CMP(MD)No.3648 of 2019, under Order 41 Rule 21 CPC, to receive and mark the proceedings of the claimant's employer, dtd. 17/11/2017, and salary certificate of the claimant, dtd. 31/7/2018 and salary certificate of the colleague, dtd. 31/7/2018, as additional evidence in this appeal, stating that those documents were not available during trial. The learned counsel for the 1st respondent/claimant would state that the claimant got appointment as General Banking Officer, at the young age of 23 years, and in the unfortunate accident, he lost the use of his both legs below hip, for which, he took treatment between 10/12/2013 to 4/5/2014, during which, he underwent many surgeries and received rehabilitative treatment for 5 years. In view of the accident, the claimant has taken leave for 11 months and therefore, his job has not been confirmed till date. According to the learned counsel, due to loss of service for 11 months, the claimant is receiving less pay than his colleagues and his future promotions will be delayed by one year and the pay difference due to this will be minimum of Rs.30,000.00 per month in the upcoming scales. But, the Tribunal has failed to award loss of income for 11 months of service at Rs.3,12,859.00 to the claimant and loss of income for his parents at Rs.2,69,428.00, who have taken leave under loss of pay to take care of the claimant.