JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan J.)

The claimant in MCO.P.No.3067 of 2014 has filed this appeal seeking enhancement of compensation.

The claimant was an occupant in a Tata Sumo Car bearing Reg.No.TN-22-BC-4728 proceeding at East Coast Road, near Manamai Samiyar Thottam, Kanchipuram District on 14.01.2014 at 15.45 hours. It was alleged that the vehicle was driven in a rash manner and capsized in the left side of the road bog ditch. Due to the said accident one person died, and three others suffered injuries. This claimant was aged 18 years. He was a skilled worker, working as a welder and earning Rs.5000/- per month. The Tribunal had fixed the notional income of Rs.9000/-. The compensation granted by the Tribunal was as follows:-

“The Tribunal fixed the notional monthly income of the claimant at Rs.9000/-, and added 40% future prospectus, and fixed the annual income at Rs.1,51,200. Applying a multiplier of ‘18’ and considering 100% functional disability, the Tribunal awarded Rs.27,21,600/- towards loss of earning capacity. Further amounts were awarded under various heads, namely, Rs.60,000/- towards pain and suffering, Rs.10,000/- towards transport charges, Rs.10,57,077/- towards medical expenses and Rs.10,000/- towards extra-nourishment and Rs.29,400/- towards attender charges. A total compensation of Rs.39,39,000/- was awarded.”

The learned counsel for the appellant drew the notice of this Court to a Judgment of a Division Bench of this Court reported in 2017 (2) TN MAC 331 in the case of Maruvammal /vs/ Managing Director, TNSTC Ltd., Villupuram, Kancheepuram Region, wherein, it had been held that for arriving at the Notional Income, the same has to be taken in comparison with the rate of inflation. This method has been consistently followed by this Court by both learned Single Judges and Division Benches.

The injured was a skilled worker. The nature of the injuries suffered were extremely serious and they were as follows:-

RTA with Multiple Injuries

 Diffuse Axonal Injury

 Burst compression Fracture of C6 Vertebral Body with cord contusion

 Left Lower Radius Fracture

Pressure Ulcers at Right Elbow and Occipital Scalp Lower Respiratory Tract Infection (Pseudomonas Aeruginosa)/ Urinary Tract Infection (Klebsiella Pneumoniae & E.Coli) Hypotyhermia.

It is also seen from the records that he took treatment as in patient from 16.01.2014 to 10.03.2014 and again from 10.03.2014 to 22.04.2014 in SRM Medical College Hospital and a surgery was performed on 23.01.2014. He was also referred to the Medical Board to assess his disability. A Disability Certificate was issued by the Regional Medical Board, Government Rajiv Gandhi Government General Hospital, Chennai, which was marked as Ex.C.1. The percentage of permanent functional disability was determined as 100%. The injured had also tendered evidence about the nature of the injuries suffered. The disability which he had suffered prevented him from performing any work much less the work of a welder, in which he was skilled. His whole body was totally damaged due to the accident. Both the arms and legs were paralyzed and he was unable to stand.

With respect to the monthly income, we would take into consideration the rate of inflation and determine it as Rs.12,000/- per month. We would also determine the loss of earning capacity at 100%. Accordingly the loss of earning capacity is calculated as follows :Monthly income Rs.12000 + 40% future prospectus, which is Rs.4800/- Hence, the monthly income is fixed at Rs.16,800/. The Annual Income would be (Rs.16800 x12) Rs.2,01,800. Since he was aged about 18 years, the multiplier of 18 is taken. The loss of income therefore fixed at (Rs.2,01,800x18) Rs.36,28,800/-.

We hold this would be a just compensation for the loss of income for the injuries suffered and for his disability.

However in the appeal, enhancement is sought for attender charges. Since the injuries are permanent in