MAHINDRAKUMAR Vs. JEYARATHNA MOTORS PRIVATE LIMITED

JUDGEMENT

(1.) Not satisfied with the quantum of compensation, the claimant has filed this appeal.

(2.) In an accident which occurred on 18.01.2018, the appellant/claimant sustained fracture of right femur, right tibia, head of the right femur and left hand and injury in head. For the injuries sustained in the accident, the appellant filed MCOP.No.244 of 2018 on the file of the learned Chief Judicial Magistrate Court, Virudhunagar, claiming compensation of Rs.50,00,000/-. The 2nd respondent insurance company with which the offending bus involved in the accident, was insured, resisted the claim and filed counter denying the manner of accident and the compensation claimed under various heads. The Tribunal considering the oral and documentary evidence adduced on both sides, held that the accident had occurred due to the rash and negligent driving of the driver of the bus insured with the 2nd respondent and directed the 2nd respondent to pay compensation of Rs.11,82,795/- with 7.5% interest per annum from the date of petition till the date of deposit. Seeking enhancement on the quantum, the claimant has filed this appeal.

(3.) The learned counsel for the appellant would state that at the time of accident, the appellant was aged 19 years and he was an Engineering student pursuing IInd year Engineering degree course and due to fracture of right femur, right tibia and left hand which resulted in 78% permanent disablement, he is not able to do any work and therefore, the Tribunal ought to have adopted multiplier method to compute the loss of earning capacity by fixing notional monthly income of the appellant at Rs. 12,000/-, instead, it has merely awarded Rs.3,000/- for each percentage of disability which is erroneous. He would further state that the appellant took treatment for 46 days in a private hospital, but no amount has been awarded for attendant charges and the Tribunal ought to have awarded Rs.2,00,000/- towards attendant charges. He would also state that during the period of treatment, the appellant underwent four surgeries and due the injuries, he is still taking treatment as outpatient, but the Tribunal has not granted any sum towards future medical expenses and loss of amenities and a sum of Rs.2,00,000/- each ought to be awarded under that heads.