M I MOHAMED ZUBAIR Vs. R BALU

JUDGEMENT

(1.) The appeal has been preferred by the claimant aggrieved over the quantum of Rs.8,05,000/- awarded as compensation for the disability sustained by the claimant/appellant, due to the injuries suffered by him in the accident which occurred on 07.07.2007, when the claimant, a III year Civil Engineering student, who was riding his two wheeler, was hit by the Transport Corporation bus, driven rashly and negligently, coming from the opposite direction.

(2.) Heard, Mr.K.S.Karthik Raja, learned counsel appearing for the appellant and Mr.D.Venkatachalam, learned counsel appearing for the 2nd respondent.

(3.) The learned counsel for the appellant would submit that the claimant sustained amputation of his right leg above knee as proved by Ex.P.7 to Ex.P.10-Discharge summaries and Ex.P.23-Disability Certificate, further fortified by the evidence of PW2-Doctor. PW2-Doctor categorically stated that there is amputation of right leg, pelvic fracture with perineal tear and hypovolemic shock. Therefore, the Tribunal was right in determining the disability at 80%. Having determined the disability at 80% that too based on the amputation of the leg of the claimant, the Tribunal should have adopted multiplier method to determine the loss of income, whereas the Tribunal erroneously awarded Rs.1,60,000/-, towards continuing disability @Rs.2,000/- per percentage of disability. This case requires adoption of multiplier method following the judgment of the Division Bench of this Court in Velusamy Vs. United India Insurance Company Limited, 2005 1 CTC 38.