D VASANTHA Vs. E BALASUBRAMANIAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 30.12.2008 made in MCOP.No.4866/2005 by the learned II Judge, Court of Small Causes (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.2,42,300/- as total compensation to the claimant/appellant for the injuries sustained by her in the motor accident that occurred on 24.10.2005.

(2.) THE accident dated 24.10.2005 resulted in grievous injuries to the Appellant. As a result of the said injuries, her left leg was amputated below the knee. The disability of the claimant has been assessed at 40 per cent in respect of lower limb by disability certificate Ex.P8 issued by PW.4 Doctor. PW.4 had deposed that the victim would find it difficult in walking even if an artificial limb is fixed and she cannot carry on her avocation as 'Sitthal' in the construction work. He has further deposed that she would need assistance of a third person even to walk.

(3.) THE learned counsel for the Appellant has relied upon the decision of Honourable Supreme Court reported in 2011-ACJ-1975 (Kumaresh Vs. The Divisional Manager, National Insurance Company Limited and another) wherein the Honourable Supreme Court has assessed permanent physical disability at 50 per cent in case of amputation of right leg below the knee in the case of building centering worker drawing a monthly salary of Rs.3000/- per month and accordingly, awarded compensation. The learned counsel also relied upon the decision of the Honourable Supreme Court reported in 2011-2-TNMAC-661-SC (Govind Yadav Vs. New India Insurance Company Limited(, wherein in a case of a helper/cleaner in a mini bus who suffered amputation of left leg, the disability was assessed at 70 per cent.