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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Royal Sundaram Allianz Ins. Co. Ltd. – Appellant
Versus
J. Ramesh – Respondent
JUDGMENT :
(R. POORNIMA, J.)
The appellant/ Insurance Company has filed the Civil Miscellaneous Appeal in C.M.A(MD)No.772 of 2021 and the claimant has filed C.M.A.(MD)No.856 of 2021 against the fair order and decreetal order dated 19.02.2021 passed in M.C.O.P.No.126 of 2016 by the Motor Accident Claims Tribunal, Special Subordinate Court, Tiruchirappalli.
2. The brief facts of the averments filed by the claimant before the Tribunal is as follows :
(i) On 13.10.2015 at about 8:45 PM, the petitioner purchased groceries in Karaikudi and returned to his house in a two-wheeler from Karaikudi to Madurai Main Road. The petitioner drove his vehicle at a normal speed, adhering to traffic rules and keeping the extreme left side of the mud Road. When he neared TNSTC depo, the first respondent’s vehicle bearing registration No.TN 38 AS 9632 APE, a three-wheeler coming from opposite direction viz., West to East and run by its driver in a rash and negligent manner with the hectic speed suddenly came to the extreme left side of the road and dashed against the petitioner.
(ii) Due to the accident, the petitioner sustained the following injuries viz., 1. comminuted fracture of the upper portion of blade
The assessment of permanent disability must be based on credible medical evidence to ensure just compensation for loss of earning capacity.
Compensation for injuries must be just, reflecting the actual impact on earning capacity post-disability, as established by guidelines which necessitate careful consideration of the claimant's specif....
The court upheld the Tribunal's compensation calculation for a motor accident victim, emphasizing the application of the multiplier method and future prospects in determining loss of income due to di....
Court emphasized the need for careful assessment of permanent disability and loss of earning capacity while determining compensation in accident cases.
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the claimant's permanent disability, modifying the award to ensure just compensation.
The court modified the compensation awarded to reflect the severity of injuries and permanent disability, establishing that compensation must adequately address loss of earnings and future prospects.
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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