G LAKSHMANAN Vs. K KANNAN

JUDGEMENT

(1.) THE claimant is the appellant. THE challenge is to the award of the Motor Accident Claims Tribunal, Chennai dated 23.1.2001 passed in M.C.O.P.No.2623/1998. According to the appellant, on 3.6.1998 at 10.00 a.m., he was driving his autorickshaw bearing Registration No.TN-07-1751 in R.K.Shanmugam Salai from south to north when the ambassador car belonging to the first respondent bearing Registration No.TSB-2140 coming in the opposite direction driven by his driver in a rash and negligent manner hit against the appellant's autorickshaw and in that accident, the appellant sustained grievous injuries. He claimed a compensation of Rs.2 lakhs as against the respondents. THE claim was resisted by the second respondent contending that the accident occurred due to the negligence of the appellant and that he did not sustain grievous injuries. Before the Tribunal, the appellant examined himself as P.W.1 and examined the Doctor as P.W.

(2.) EXS.P1 to P6 were marked. On the side of the respondents, none were examined as witnesses and no documents were marked. The appellant in his evidence stated that due to the injuries sustained by him in the accident, he is unable to carry on his avocation. P.W.2 Doctor has stated in his evidence based on EXS.P4 and P5 that the injuries sustained by the appellant on his hip and legs and the shortening of one leg has resulted in 60% disability. The Tribunal granted a sum of Rs.15,000/- towards loss of earning after the accident, a sum of Rs.1000/- towards transport expenses, a sum of Rs.2000/- towards extra nourishment, a sum of Rs.5000/- for medical expenses and another sum of Rs.5000/- for pain and suffering. For disablement and loss of future earnings, the Tribunal granted a sum of Rs.60,000/- and Rs.10,000/- respectively. In all, a sum of Rs.98,000/- came to be awarded by the Tribunal. 2. In this appeal, Mr.Surya, learned counsel appearing for the appellant confined his arguments to the grant of benefit under the head disability and loss of earnings. According to the learned counsel, even though the appellant in his claim petition, claimed a sum of Rs.75,000/- and Rs.42,000/- respectively, on the above two heads, having regard to the legal position that the Court always grant just compensation depending upon the nature of disablement suffered, which had resulted in the loss of future earnings, the appellant should be awarded the relief of loss of future earnings by applying the multiplier theory as that alone would meet the ends of justice.

(3.) WHEN the submission of the learned counsel for the appellant based on the Division Bench judgment reported in 2005(1) CTC 38 (United India Insurance Company Ltd., Vs. Veluchamy) is considered, the Division Bench has laid down in paragraph-11 as to the principle for applying the multiplier method in the case of the permanent disablement. Paragraph-11 is relevant for the purpose of this case, which reads as under:"11. The following principles emerge from the above discussion:(a) In all case of injury or permanent disablement "multiplier method" cannot be mechanically applied to ascertain the future loss of income or earning power.(b) It depends upon various factors such as nature and extent of disablement, avocation of the injured and whether it would affect his employment or earning power etc., and if so, to what extent ?(c) (1) If there is categorical evidence that because of injury and consequential disability, the injured lost his employment or avocation completely and has to be idle till the rest of his life, in that event loss of income or earning may be ascertained by applying "multiplier method" as provided under Second Schedule to the Motor Vehicles Act, 1988.(2) Even if so there is no need to adopt the same period as that of fatal cases as provided under the Schedule. If there is no amputation and if there is evidence to show that there is likelihood of reduction or improvement in future years, lesser period may be adopted for ascertainment of loss of income. (d) Mainly it depends upon the avocation or profession or nature of employment being attended by the injured at the time of accident.".