ORIENTAL INSURANCE COMPANY LIMITED Vs. D.SATHISHKUMAR

JUDGEMENT

(1.) The Insurance Company is on appeal, aggrieved by the award of a sum of Rs.41,86,935.00 for the injuries sustained by the 1st respondent / claimant in a motor accident that occurred on 19/4/2014.

(2.) According to the claimant while he was walking on the extreme left side of the road near Ashoka Shopping Complex at Nanjappa Road, Coimbatore, the motor cycle bearing registration No.TN 66 H 7717 owned by the 2nd respondent, driven by the 1st respondent in a rash and negligent manner dashed against him from behind causing severe injuries, which included fractures in both the legs. The 1st respondent / claimant was admitted in Ganga Hospital, Coimbatore and he was in the Intensive Care Unit for five days. He had undergone several surgeries and incurred medical expenses of about Rs.5,00,000.00 and the future medical expenses estimated at Rs.2,00,000.00. He was referred to the Medical Board and the Medical Board assessed his disability at 38%, considering the fact that the claimant has studied Bachelor of Engineering and working as a computer professional in an Information Technology Company and drawing a salary of Rs.75,000.00 per month. He would also claim that he had bright chances of going abroad and the same was scuttled because of the accident. He would also submit that he was forced to quit his job because of the disability suffered by him in the accident. On the above contention the claimant sought for compensation of Rs.60,00,000.00.

(3.) The claim was resisted by the Insurance Company contending that the accident did not occur in the manner suggested by the 1st respondent / claimant. It was the further contention of the Insurance Company that the disability assessed by the Medical Board at 38% cannot transform into functional disability so as to have an impact on the earning power of the 1st respondent / claimant. In as much as it is not shown that the earning power is affected, multiplier method cannot be adopted in deciding compensation for injuries. The Insurance Company would further claim that there was, in fact, no loss of income for the claimant because of the accident and hence, the claim made for compensation by adopting multiplier method is unsustainable.