IMPORTANT POINT
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.

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:

4. The learned counsel for the appellant/claimant would submit that at the time of accident, the claimant had sustained head injury, diffused axonal injury, multiple focal Hemorrhage and multiple grievous injuries all over her body and the Doctor, who treated the claimant had assessed disability at 40%. She would further submit that the disability of diffuse axonal injury is worsening day- by- day and also the Curvature of the spine (SPO-2) was dropped. She pointed out that at the time of accident, the claimant was aged 4 years and now, she is 9 years of old.

5. However, on earlier occasion, considering the fact that the disability certificate Ex.C1 was hand written and not clear as regards the disability assessed at 40% whether it is permanent or partial, this Court vide order, dated 24.07.2023, referred the claimant girl to the Medical Board in order to determine her disability.

6. Pursuant to the direction of this Court, the Medical Board examined the claimant and filed a report dated 28.11.2023, wherein, the disability is assessed as follows:

“Post traumatic sequelae-Diffuse axonal injury Locomotor disability – 60% (Sixty percent)

7. Now, by referring to the above mentioned Report and Disability Certificate (Ex.C1), the learned counsel for the appellant would submit that the disability of the claimant has been increasing day-by-day as the child grows, consequently the disability is also growing. Considering this aspect, the Medical Board has assessed the disability at 60%. The learned counsel would further point out that this disability continues and it will have considerable impact when the claimant girl attains puberty. While so, the Tribunal, without considering all these aspects, has simply determined the compensation towards disability by fixing the same at 40% and applying the per centage method (Rs.5000/- for each per centage), which is very low. Therefore, she would contend that considering the nature of the injuries and disability sustained by the claimant, the Tribunal ought to have adopted multiplier method instead of per centage method. Hence, she would urge this Court to adopt the multiplier method and determine the just and reasonable compensation. She would further submit that no amount has been awarded towards 'future medical expenses' and also towards 'loss of marital prospects' and hence, she urged this Court to grant the compensation under these heads.

8. In reply, the learned counsel for the 2 nd respondent/Insurance Company would submit that the amount awarded by the Tribunal is just and fair and the same may be confirmed. She submits that in any event, if th