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2017 Supreme(Mad) 4285
IN THE HIGH COURT OF MADRAS
S. VIMALA, J.
Dhanalakshmi - Appellant
Versus
R. Panneerselvam - Respondent
C.M.A. No.2699 of 2013 and M.P. No.1 of 2015
Decided on : 25-07-2017
Advocate Appeared:
For the Appellant :Mr. A.K. Kumaraswamy, Advocate
For the Respondent:Ms. N.B. Surekha, Advocate
Headnote:
Motor Vehicle Act - Sections 168, 166 - Re-Marriage - Learned counsel for appellant would submit possibility of claimant as widow re-marrying cannot be ruled out and but for accident injured would have thought of remarrying again and compensation on account of loss of re-marriage prospects should also have been awarded even though it has not been claimed - Injured is a widow having a female child of years old studying 6th standard - She was taking tuition classes for children at her residence in order to meet educational expenses of herself and her child - As she is widow there is no other earning member in family necessarily she has to earn in order to educate child and herself - In order to appreciate contention raised with regard to non-applicability of notional income it is necessary to consider evidence regarding income placed by claimant - Held, In this case Tribunal has not awarded anything towards loss of prospectus of re-marriage - Hence this Court inclined to compensate loss of prospects of marriage of a young woman who as evidenced by documents before Tribunal was taking every steps to improve a standards of life by admitting herself into a teacher training institution for a full time course of Diploma in Teacher Education even while her daughter was pursuing her 6th standard - Such an ambitious woman would have possibly contracted her second marriage but for this accident she is doomed to be a torso sans both her lower limbs - Money can only be a poor substitute to be paid in lieu of loss of good married life - Unfortunately this Court is left to rely on this poor substitute and award a compensation on this count which is quantified into a sum - Appeal is allowed.
S.Vimala, J.
I woke up from the surgery minus my left and right leg(s)
With searing pain below my hip as if a powder keg
Exploded deep within my thigh, leaving nothing there
But tissues sewn together, which was more that I could bear...
The pain, so knife-like, so intense has melted with the snow
And now as spring awakens in my chair I slowly go
To the window of my bedroom and the windows of my mind
Wondering if I will be forever so confined ....
- Richard Lackman.
1.1 The above said poetics reveal the unbearable pain every amputee has to undergo. Not only the physical pain, but also the mental pain for having become “forever confined” - this fact and thought would give perennial daunting and hunting pain in the mind. Even without any poetic prop, anybody can easily empathize with the cause of the amputees.
1.2. Here, the appellant/claimant is left with 10 centimeters leg below right knee and 12 centimeters leg below left knee has spoken out her problem in the language known to her and which reads as under :
1. Searing pain made the sufferings everlasting.
2. Financial expenses were immeasurable.
3. Health condition not restored despite several surgeries.
4. To eat and to attend natural calls, there is very great difficulty.
5. Not able to attend to the needs of the minor female child.
6. To educate the minor child, the injured has to struggle a lot.
7. She could not get through her teacher training course, because of the accident.
8. Because of the head injury, there is frequent giddiness.
9. To pay the school fees and hostel fees of the girl child, she has to borrow debt, thus, has become a debtor.
10. For her personal education also, she has to borrow money.
11. The artificial calipers did not suit her and she frequently fell down.
12. Even after purchase of wheel chair, the injured has to depend upon others to go outside.
13. Wheel chair could not be operated inside the house, because the house is a hut.
14. But for the accident, she would have become a teacher and she would have earned much and would have led a quality life.
1.3. Apart from the amputation of both legs, the claimant also suffered fracture of 3, 4, 5, rib bones, suffered Extracerebral hematoma and Subarachnoid hemorrhage.
2. The detailed investigation done and the procedure adopted during treatment is explained in the discharge summary, which reads as under (Ex.P21):
“Extracerebral hematoma(maximum thickness 15mm) seen in left temporal region with adjacent parenchymal contusion. Mild compression on ipsilateral lateral ventricle. Midline shift towards right side seen by 7mm.
Subarachnoid hemorrhage seen along cortical sulci in bilateral fronto parietal region and in the interhemispheric fissure and along tentorium. Diffuse cerebral edema seen.
Head injury
Chest Injury
Major Crush injury right distal 1/3 leg with Grade III C
Fracture
Distal 1/3 Tibia/Fibula with extensive composite tissue loss
Lower leg, ankle and foot,
Crush injury left foot/ankle mangled with foot and ankle extensive composite tissue loss
Right clavicle fracture 3, 4, 5th right rib fracture
Post Traumatic right lower motor neuron Facial Palsy
Procedure
17.06.2011, Bilateral Below Knee amputation
18.06.2011, Left Fronto Temparo Parietal craniotomy and contusenectomy.
2.1. On the date of accident itself that is on 17.06.2011, the amputation has been done and on the every next day craniotomy has been done. The disability has been assessed by the Doctor at 100%.
2.2. With this document and evidence, the Tribunal has quantified the compensation at Rs. 13,55,523/- and the break up details reads as under :-
Transport
Rs.15,000/-
Pain and sufferings
Rs.25,000/-
Extra nourishment
Rs.5,000/-
Loss of income for 4 months
Rs.18,000/-
Medical expenses
Rs.3,12,323/-
Attendant charges
Rs.12,000/-
Loss of future earning capacity
Rs. 25,000/-
Future medical expenses
Rs.25,00
