The court affirmed the validity of using the multiplier method in compensation calculations for serious injuries sustained in motor vehicle accidents.

J U D G M E N T

The Insurance Company is the appellant herein. Challenging the award passed in M.C.O.P.No.335 of 2017 on the ground that multiplier method ought not to have been applied.

2. On the point of quantum of compensation, the claim petitioner filed the above M.C.O.P claiming compensation for the injuries sustained by the claim petitioner in a road transport accident on 22.04.2015.

3. After trial, the Tribunal has held that the accident has taken place due to the rash and negligent driving of the Car driver which is insured with the Insurance Company (the appellant herein) accordingly held that both the owner of the car and the Insurance Company are jointly and severally liable to pay the compensation.

4. On the point of quantum of compensation, the Tribunal has taken into consideration Ex.P3 Discharge summary issued by Padma Poly Clinic, Krishangiri which reveals that the claim petitioner had sustained fracture in Comminuted Fracture Femur with Displaced Fracture Fragurers and that he was admitted in-patient and treated there from 22.04.2015 to 27.04.2015 and treated with Segmental Split Fracture Shaft of Femur Left Side Femur.

5. As per Ex.P5, the claim petitioner date of birth was 01.01.1990 and the date of accident 22.04.2015 and he was working as Agriculture and Cattle Broker and hence notional income of Rs.6500/- is fixed. As per Ex.C1 disability certificate issued by the Medical Board at Government Headquarters, Krishnagiri, he had suffered disability at 50%.

6. Taking into consideration that as per Ex.C1 the permanent disability suffered by the claim petitioner is 50% and hence having satisfied that the ratio laid down in 2010 (2) TN MAC 581 [Raj Kumar Vs Ajay Kumar & another] has to be applied. The tribunal has adopted the multiplier method and awarded the amount of Rs.3,01,000/- and also awarded expenses under the Medical Expenses, Transport, Nutrition and attended charges, Pain and sufferings, Loss of amenities and Enjoyment of life and Damages to clothing and articles.

7. After perusing the various heads of compensation and the quantum awarded therein, I find that they are just and reasonable and the amount awarded by the Tribunal cannot be termed as excessive and hence I find that there is no merits in this case.

8. In fine, (i) this Civil Miscellaneous Appeal is dismissed confirming the compensation awarded by the Tribunal dated 25.02.2019 in MCOP No.335 of 2017.

(ii) the Appellant/National Insurance Company Limited is directed to deposit the award amount before the Tribunal, within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited.

(iii) on such deposit being made, the first respondent/claim petitioner is permitted to withdraw the award amount, less the amount, if any, already withdrawn, by filing necessary application before the Tribunal.

(iv) No costs. Consequently, connected Miscellaneous Petition is closed.

12.03.2024 nvi Index : Yes/No Neutral Citation:Yes/No Speaking Order: Yes/No To

1. The Special Subordinate Judge, Motor Accident Claims Tribunal, Krishnagiri.

2. The Section Officer, V.R.Section, High Court, Madras.

RMT.TEEKAA RAMAN.J, nvi Judgment made in C.M.A.No.3071 of 2021 and C.M.P.No.17429 of 2021

12.03.2024