Vs. Chennai Metropolitan Transport Corporation Ltd  Insc 228 (20 February 2008)
Sema & Markandey Katju
O R D
APPEAL NOS.2204-2205 OF 2002
have heard, Ms. Madhusmita Bora, learned counsel for the appellant and Mr. T. Harish
Kumar, learned counsel for the respondent at length.
appellant, a boy when aged about 20 years met with a fatal vehicle accident on
26.06.1997. He sustained the following bodily injuries :
Amputation of the right leg leaving 10cms. from the hip.
Multiple compound fracture in the left leg knee and in the ankle.
Severe injury to the head leading to a state of unconsciousness.
Severe injury in the left hand palm
Skin grafting done in the left leg
Severe internal injuries.
: 2 :
Doctor certified that he sustained 100% permanent physical disability. It is
not disputed that at the time of accident the appellant was working as a mason
and he was earning Rs.3,000/- per month. The Tribunal by its order awarded
Rs.75,000/- for loss of marital alliance. The Tribunal also awarded Rs.25,000/-
towards inability to participate in family and social functions. The Tribunal
also awarded Rs. 75,000/- towards pain and suffering due to fracture in his
left leg and amputation of his right leg. The Tribunal further awarded Rs.1,00,000/-
as compensation for loss of earning power as against the claim of
Rs.11,00,000/-. All together the Tribunal has awarded Rs.5,25,000/- with
interest at the rate of 12% per annum. On appeal being preferred by the appellant
the High Court has enhanced to Rs.5,29,948/-. However, the High Court has
reduced the rate of interest from 12% per annum to 9% per annum.
the claimant had suffered grievous injuries out of the motor accident and
amputation of the right leg leaving 10 cms. from the hip. It is also in the
evidence on record that the claimant also suffered multiple compound fracture
in the left leg knee and in the ankle amongst other injuries. He has been
totally incapacitated for future earning power. His dream of having a married
life has been shattered.
: 3 :
Considering the aforesaid circumstances we add Rs.1,00,000/- more under the
head of loss of earning power. Under that heading we enhance from Rs.1,00,000/-
awarded by the Tribunal to Rs.2,00,000/-. The other sum awarded by the Tribunal
and affirmed by the High Court is not disturbed.
the aforesaid enhancement the appeals are partly allowed.