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KRISHNAN RAMASAMY
Harini (minor) – Appellant
Versus
Pooja Malhotra – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree made in MCOP.No.3744 of 2017 dated 22.01.2022 on the file of the Motor Accident Claims Tribunal, III Judge, Court of Small Causes, Chennai.)
1. This Civil Miscellaneous Appeal has been filed by the appellant, seeking enhancement of the compensation awarded by the Tribunal vide order dated dated 22.01.2022 in M.C.O.P.No.3744 of 2017.
2. On 29.05.2017 at about 17.30 hours, when the minor claimant, the appellant herein, as a pedestrian, was proceeding at behind Santhome Church Service Road, the 1 st respondent's vehicle bearing Registration No.TN-01-AY- 7508 came in a rash and negligent manner and dashed against the claimant. As a result of which, the claimant sustained grievous injuries all over her body. The claimant moved a petition before the Tribunal, seeking compensation of Rs.1,00,00,000/-.
3. On consideration of both oral and documentary evidence, the Tribunal had awarded the compensation on the following heads:
| S.No | Particulars | Compensation (Rs.) |
| 1 | Disability | 2,00,000 |
| 2 | Medical Expenses | 7,18,600 |
| 3 | Pain and Sufferings | 50,00 |
The judgment establishes the use of the multiplier method for calculating compensation in cases of serious injuries, emphasizing the impact of the injury on the claimant's future.
The main legal point established in the judgment is the application of the multiplier method for calculating loss of earning capacity and the consideration of future prospects for self-employed indiv....
Court cannot find any anomaly with the finding of the Tribunal as regards functional disability at 15%.
The court revised the compensation based on the claimant's income and disability percentage, considering medical evidence and previous judgments.
The court emphasized the necessity of applying the multiplier method for assessing compensation in personal injury cases, rejecting the lower multiplier used by the Tribunal and enhancing compensatio....
The main legal point established is the application of the multiplier method and consideration of the claimant's occupation and permanent disability to assess and enhance the compensation.
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