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2024 Supreme(Online)(MAD) 14958
HIGH COURT OF MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Sowndaram – Appellant
Versus
Thangamuthu – Respondent
The judgment emphasizes the necessity of a multiplier method in calculating compensation for permanent disability and loss of earning capacity in motor vehicle accident cases.
Headnote:
Compensation - Motor Vehicle Accident - Section 166 of the Motor Vehicles Act - The Court enhanced the compensation based on severity of injuries and disability, highlighting defense of the Tribunal's reliance on the percentage method rather than a multiplier approach.
Fact of the Case:
The claimant sustained severe injuries in an accident involving a vehicle driven negligently, resulting in significant medical treatment and a claim for compensation due to dissatisfaction with the award granted by the Tribunal.
Finding of the Court:
The Court found that the initial compensation awarded was inadequate considering the severity of the injuries and the claimant's permanent disability, and thus modified the compensation significantly.
Issues: Whether the compensation awarded by the Tribunal accurately reflected the severity of the claimant's injuries and subsequent disability.
Ratio Decidendi: The Court established that the method adopted for calculating disability compensation was insufficient and favored a multiplier approach to reflect true earning capacity loss.
Final Decision: The compensation is enhanced from Rs. 5,72,309 to Rs. 7,38,000 with interest.
J U D G M E N T
The claimant, not being satisfied with quantum of compensation awarded by the Tribunal has filed this appeal against an award dated
20.06.2022 made in M.C.O.P.No.973 of 2019 on the file of the Motor Accident Claims Tribunal and Special Sub Court No.1, Salem.
2. The case of claimant is that on 05.12.2018, she was standing near Senathipathipalayam Bus Stop and at about 10.30 a.m. the offending vehicle was driven in a rash and negligent manner and it dashed on the claimant. As a result, the claimant sustained the following injuries:
"1. Traumatic anterior diaphragmatic hernia, pericardial tear splenic laceration with active bleeding.
2. Left Superior and inferiour pubic rami fracture with fracture pubis.
3. Fracture left sacrum zone II.
4. Bilateral multiple rib fractures with left lung hemothorax.
5. D2 to D9 & L1 to L5 spinous process fracture. 6. L1 to L5 transverse process fracture left side."
3. The claimant underwent treatment as inpatient for nearly 18 days and the Medical Board assessed permanent disability at 40%. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.
4. The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that accident had taken place only due to the rash and negligent driving of the offending vehicle viz., a two wheeler belonging to first respondent. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.5,72,309/- under various heads and this compensation was directed to be paid along with interest at the rate of 7.5% per annum.
5. The claimant not being satisfied with the quantum of compensation awarded by the Tribunal has filed the present appeal seeking for enhancement of compensation.
6. Heard Mr.S.P.Yuaraj, learned counsel on record for appellant and Mr.S.Arunkumar, learned counsel on record for second respondent /
Insurance Company.
7. This Court has carefully considered the submissions made on either side and materials available on records.
8. This Court has also carefully gone through the award passed by the Tribunal.
9. The injuries sustained by the claimant in this case are quite severe and it is evident from the injuries that have been extracted supra. The Discharge Summary which was marked as Ex.P7 shows that the claimant initially underwent operation on 05.12.2018 and the following has been noted in the Discharge Summary.
"Diagnosis : Traumatic anterior diaphragmatic hernia, pericardial tear splenic laceration with active bleeding.
Procedure : Diaphragmatic repair with mesh splenetomy Findings:
1. Anterior diaphragm tear - 15cm with herniation of stomach, transverse colon & splenic flexure with spleen & proximal jejunum.
2. Peircaridal tear with visible heart (ventricle).
3. No myocardial injury. Liver normal.
4. Splenic laceration 1 x 1 cm near bilum with active spurt.
5. Hemothroax 500 ml.
6. Stomach fundus hematoma (+), jejuna /
mesenteric, hematoma present, no bowel injury."
10. Thereafter, the claimant underwent another operation on
15.12.2018 and recording in the Discharge Summary is extracted hereunder.
"Diagnosis : Fracture left sacrum zone II.
Procedure : Left percutaneous iliosacral screw fixation.
Findings :
Anterior ring - left superior and inferior rami fracture + fracture pubis - undisplaced.
Left sacral fracture zone II."
11. The Medical Board which assessed the disability of the claimant found that claimant is suffering from 40% permanent disability.
In the Disability Certificate it has been noted as follows:
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