SOLOMONRAJ Vs. REVATHY AND ORS.

JUDGEMENT

(1.) C .M.A. No. 2565 of 2011 has been preferred, aggrieved with the award of Rs. 18,22,800/ -, by the appellant/claimant, who sustained injuries, in the accident, which occurred on 06.12.2004, leading to amputation of his right hand above the knee. C.M.A. No. 3624 of 2011 has been preferred by the Insurance Company, against the quantum of compensation awarded by the Tribunal.

(2.) HEARD Mr. F. Terry Chellaraja, learned counsel appearing for the appellant in CMA. No. 2565 of 2011 and Mr. M. Krishnamoorthy, learned counsel appearing for the appellant in CMA. No. 3624 of 2011.

(3.) THE claimant, aged about 32 years, who was working in Army, earning a sum of Rs. 9,152/ - as a monthly salary. Since the right hand was amputated, the Tribunal assessed the disability at 90%, based on the evidence of P.W.2 Doctor and medical records including Ex. P15 disability certificate. Since the claimant was earning a sum of Rs. 9,152/ - per month, the Tribunal took monthly income at Rs. 10,000/ - and taking multiplier 16, as he has got 16 years of balance service in Army and determined the loss of income at 90% and awarded Rs. 17,28,000/ -. However, it is seen that though Rs. 10,000/ - was taken as monthly income, no future prospects was added as per the Judgment of Hon'ble Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another reported in : 2009 (2) TN MAC 1, and therefore along with Rs. 9,152/ - monthly income, Rs. 4,576/ - added as 50% future prospects and the monthly income at Rs. 13,728/ -.