KUMAR Vs. MURUGA KANNAN

JUDGEMENT

(1.) Not satisfied with the quantum of compensation of Rs.19,03,080/- awarded by the Tribunal, the claimant has filed this appeal challenging the judgment and decree dated 28.03.2014 made in MCOP.No.518 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli.

(2.) Learned counsel for the appellant would submit that due to the accident, the appellant/claimant sustained crush injury which resulted in amputation of left leg above knee. He further submitted that prior to the accident, the appellant was working as a Contractor in Public Works Department and earned Rs.30,000/- per month, but in the absence of proof, the Tribunal fixed the income at Rs.7,500/- per month. According to the counsel for the appellant, the Tribunal ought to have fixed the monthly income of the appellant at Rs.8,500/- as per the Supreme Court judgment in N.Suresh vs. Yusuf Shariff, 2012 2 TNMAC 617 (SC). Further, the Tribunal ought to have awarded Rs.2,00,000/- towards permanent disability as per the judgment of this Court in Divisional Manager, Oriental Insurance Co.Ltd., vs. Arockiaraj, 2017 1 TNMAC 669 (DB). Except the above, the award under other heads are not disputed.

(3.) A person working as a Contractor in Public Works Department would certainly earn more than Rs.10,000/- per month. Therefore, relying on the judgment in N.Suresh's case, this Court is inclined to fix the monthly income of the appellant at Rs.8,000/- per month. After computing annual income, applying 14 multiplier, the loss of earning capacity due to 88% disability works out to Rs.12,56,640/-(8000x12x14x88/100). Apart from the above, a sum of Rs.2,00,000/- is awarded towards permanent disability as per the judgment of this Court in Divisional Manager, Oriental Insurance Co.Ltd. vs. Arockiaraj, 2017 1 TNMAC 669 (DB). Except the above, the award under other heads are confirmed. Accordingly, the total compensation is modified and apportioned as hereunder:-