S KUMAR Vs. A M PONNUSAMY AND ORS

JUDGEMENT

(1.) The claimant, S.Kumar, aged 20, Tea Master by avocation, earning a sum of Rs.3,500/- per month, met with an accident on 22.07.2004. Four fingers on his both hands became crippled and thus, became less functional. In respect of the functional disability suffered, he claimed a sum of Rs.3,00,000/- as compensation. The Tribunal quantified the compensation at Rs.70,000/- and the breakup details are as follows:- <FRM>JUDGEMENT_331_LAWS(MAD)11_2013(34).html</FRM>

(2.) Contending that the compensation awarded is inadequate, the claimant has filed this Appeal.

(3.) Learned counsel for the claimant / appellant submitted that, it is a fit case to apply the multiplier method of quantification in respect of loss of earning capacity and that the Tribunal failed to adopt the multiplier method. It is pointed out that, as per the evidence of the Doctor, the percentage of disability is 40% and therefore, multiplier method ought to have been applied.