In cases of 100% permanent disability resulting from an accident, the calculation for loss of income for a permanent government employee must include future prospects, and additional heads of compensation for nursing, attendant care, and specialized medical needs are mandatory to ensure just compensation.

PRAYER (in C.M.A.(MD).No.486 of 2014): Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to set aside the order of the Claims Tribunal in M.C.O.P.No.68 of 2011, dated 10.12.2013 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Sivagangai.

PRAYER (in C.M.A.(MD).No.914 of 2021): Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to set aside the order of the Claims Tribunal in M.C.O.P.No.68 of 2011, dated 10.12.2013 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Sivagangai, by enhance the award amount.

COMMON JUDGMENT

These appeals have been directed against the order of the Claims Tribunal in M.C.O.P.No.68 of 2011, dated 10.12.2013 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Sivagangai.

2.The facts in brief:

On 25.05.2010, in the night at about 10.50 p.m., the claimant as a driver driving the vehicle bearing registration No.TN 19 G 0038, belongs to the Marine Police Station on the Rameshwaram Road from East west direction. At the time the vehicle came from the opposite direction, bearing registration No.TN W 3658 namely a tanker lorry was driven by its driver in rash and negligent manner, dashed against the claimant's vehicle. As a result of which, he sustained injuries on the spinal chord region. He was taken to the Government Hospital, Rameshwaram, wherein, he was given first aid. Later shifted to Apollo Hospital, Madurai, wherein, he was admitted as in patient from 25.05.2010 to 15.06.2010 and thereafter, in Hannah Joseph Hospital from 26.06.2010 to 08.09.2010. Because of the spinal chord injury, the hands and legs became affected and functionless. Memory loss and loss of speaking capacity also occurred. Now he is bed-ridden. The body parts below the neck region became functionless. Now more or less he is in a vegetative state. Because of the accidental injuries, he was unable to continue the work. Now he is suffering income loss and on disability leave without salary. Claiming compensation amount of Rs.40,00,000/-, he filed the claim application.

3.That was resisted by the Insurance Company by filing a counter stating that the accident took place because of the rash and negligent driving on the part of the claimant. Apart from that, other customary denials were also made.

4.At the conclusion of the enquiry process, the Tribunal recorded a finding with regard to the first aspect of negligence that the accident occurred due to the rash and negligent driving on the part of the first respondent's vehicle driver and fastened the liability upon the insurance company to pay the compensation on behalf of the insurer.

5.Regarding the compensation, he recorded a finding that the claimant is on medical leave without salary. He become totally disabled, functionless and more or less in vegetative state. Considering the total incapacity, it assessed the disability as 100%. His age was 31 at the time of occurrence. His monthly salary was fixed at Rs.12,545/- as borne out by Ex.P27. Multiplier 16 was taken and total loss of income was assessed as Rs.24,80,640/-. To that the medical expenses as borne out by records it assessed as tabulated below.