IMPORTANT POINTS
(1) In accident claim cases compensation can be awarded both for loss of earning as well permanent disability.
(2) The determination of quantum in motor accidents cases and compensation under the Workmen’s Compensation Act, 1923 must be liberal since the law values life and limb in free country in generous scales. The adjudicating authority, while determining the quantum of compensation, has to take note of the sufferings of the injured person which would include his inability to lead a full life, his incapacity to enjoy the normal amenities which he would have enjoyed but for the injuries and his ability to earn as much as he used to earn or could have earned. While computing compensation, the approach of the tribunal or a court has to be broad based and sometimes it would involve some guesswork as there cannot be any precise formula to determine the quantum of compensation.

JUDGMENT

P. Sathasivam, J.

1) Leave granted.

2) The important question which arise for consideration in these appeals is whether compensation in a motor vehicle accident case is payable to a claimant for both heads, viz., loss of earning/earning capacity as well as permanent disability.

3) These appeals are directed against the common judgment and order dated 29.01.2007 passed by the High Court of Judicature at Madras in C.M.A. Nos. 82 and 150 of 2001 whereby the High Court partly allowed the appeal filed by the respondent-herein and dismissed the appeal preferred by the appellant-herein.

4) Brief facts:

(a) On 27.01.1997, when the claimant/the appellant herein was alighting from the bus owned by the Metropolitan Transport Corporation Limited (in short “the Transport Corporation”) – respondent herein, the conductor of the bus blown the whistle without noticing him. Due to the sudden movement of the bus, the appellant fell down and the rear wheel of the bus rammed over on his right leg and he sustained severe injuries on his head, right hand and chest. After treatment, his right leg below the knee was amputated. At the time of accident, he was 45 years of age. He made a claim before the Motor Accidents Claims Tribunal (“the Tribunal” for short), Chennai in O.P. No. 1667 of 1997 claiming a sum of Rs. 21,00,000/- as compensation.

(b) The Tribunal, after holding that the accident was caused due to the negligence of the driver of the bus belonging to the Transport Corporation, by order dated 30.11.2000, awarded a sum of Rs. 9,42,822/- as total compensation by adopting the multiplier of 13 in terms of the second schedule to the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

(c) Dissatisfied with the award of the Tribunal, the appellant preferred an appeal being CMA No. 150 of 2001 before the High Court praying for higher compensation, on the other hand, the Transport Corporation also preferred an appeal being CMA No. 82 of 2001 for reduction of the compensation.

(d) The High Court, by impugned common judgment dated 29.01.2007, reduced the compensation from Rs. 9,42,822/- to Rs. 6,72,822/-. Aggrieved by the reduction in the compensation amount, the appellant has preferred the present appeals by way of special leave for enhancement of the compensation.

5) Heard Mr. P.B. Suresh, learned counsel for the claimant/appellant and Mr. B. Balaji, learned counsel for the Respondent-Transport Corporation.

Discussion:

6) As posed at the first instance, mainly, we have to consider whether the High Court is justified in disallowing the claim under the head permanent disability when the appellant had sustained 85% permanent disability by way of amputation of his right leg below the knee. Incidentally, this Court has to consider whether the High Court is equally justified in reducing the multiplier from 13, as adopted by the Tribunal, to 10.

7) Inasmuch as the present appeals are preferred by the victim/claimant for enhancement of the compensation, there is no need to traverse the facts leading to the accident. In other words, the finding that the accident occurred due to the negligent driving of the driver of the bus belonging to the Transport Corporation has become final.

8) It is also not in dispute that based on the evidence of the claimant (PW-1), the evidence with regard to permanent disability of 85%, amputation of the right leg below the knee, his age and avocation, the Tribunal has awarded a sum of Rs. 9,42,822/- as compensation with interest @ 12% p.a. on the said amount. The High Court, while considering the appeals of the Transport Corporation as well as the claimant, placed reliance on a Full Bench decision of the same Court in Cholan Roadways Corporation Limited, Kumbakonam vs. Ahmed Thambi and Others, 2006 (4) CTC 433 wherein it was held that if the injured is compensated for loss of earning and loss of earning capacity, compensation need not be awarded separately for permanent disability. Based on the said principle laid down i