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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN, R.POORNIMA
Managing Director, Tamil Nadu State Transport Corporation – Appellant
Versus
R. Dhana Sekara Pandian – Respondent
JUDGMENT :
R. POORNIMA, J.
1. The appellant / respondent / Transport Corporation has filed this Civil Miscellaneous Appeal against the fair order and decreetal order dated 23.06.2022 passed in M.C.O.P.No.79 of 2020 by the Motor Accident Claims Tribunal III Additional Subordinate Court, FTC, Trichy.
2. Brief case of the claimant before the lower Court is as follows:
(i) On 12.06.2018 at about 9.00 p.m., the petitioner was driving his motor cycle bearing registration No.TN-55-AM-1086 TVS Scooty Zest from East to West direction and turned towards South–North direction in a normal speed, adhering to the traffic rules. He was driving carefully on the extreme left side of the road on Pudukkottai – Trichy Road. A bus bearing registration No.TN-55-N-0808 proceeding from the same direction was being driven by its driver in a rash and negligent manner at a high speed and without adhering to the traffic rules. It dashed the motorcycle from behind. Due to the sudden impact of the accident, the petitioner sustained multiple grievous injuries all over his body, including crush injury on his right leg, fracture on his left leg and injury on his left shoulder, cheek and right side of forehead. The pet
Court emphasized the need for careful assessment of permanent disability and loss of earning capacity while determining compensation in accident cases.
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 affirmed the Tribunal's decision, holding the first respondent solely liable for the accident and upholding the compensation awarded as just and reasonable.
The assessment of permanent disability must be based on credible medical evidence to ensure just compensation for loss of earning capacity.
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....
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....
Point of Law : Section 171 of the MV Act, 1988 vests with the tribunal the discretion to award interest on the amount of compensation from such date not earlier than the date of making the claim, as ....
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