A single-judge bench of the Madras High Court comprising of Justice Rmt.Teekaa Raman decided to uphold the order of the claim tribunal which applied the ratios of 3 landmark Supreme Court judgments to calculate the compensation to be given to the victim using the multiplier method. To account for the future prospects, the judge added 50% of the income of the victim at the time of the accident.
Brief Facts:
Transport Corporation, the appellant herein, challenged the quantum of compensation awarded by the Motor Accident Claims Tribunal [Additional Special Judge], Krishnagiri, vide judgment and decree dated 30.09.2019 made in MCOP No.239 of 2015. Facts as to the accident, manner of the accident, rash, and negligence on the part of the driver of the offending vehicle were not disputed. The respondent/claim petitioner had suffered a crush injury and consequently, his one hand was amputated, for which, the medical board had assessed the disability at 90%.
Contentions of the Respondent/Claim Petitioner:
The claim petitioner contended that more compensation should be given as at the time of the accident, he was working as an Office Assistant in the Judicial Department of Tamil Nadu. Hence, the multiplier method must be applied accordingly, and considering the future prospects and age of the claim petitioner, higher compensation must be granted.
Contentions of the Appellant:
The learned counsel for the appellant/transport corporation contended that after the amputation of the right hand, the claim petitioner was given another job in the same department, however, due to some disciplinary proceedings he was sent out so, that should not be considered while computing the compensation.
Observations of the Court:
The court rejected the contentions of the claim petitioner/respondent since he failed to furnish proof that he was working as an Office Assistant in the Judicial Department of Tamil Nadu. However, the court also remarked that the contentions of the appellant were just made as a self-saving measure. The court decided not to interfere with the decision of the claim tribunal and approved the amount calculated by applying the ratio laid down by the Hon'ble Supreme Court in Rajkumar Vs. Ajaykumar & Anr. 2010 (2) TNMAC 581 SC where the claims tribunal had adopted the multiplier method and also followed the decision of our Hon'ble Supreme Court in Erudhya Priya Vs. State Transport Corporation 2020 SCC OnLine SC 601, which added 50% of the income towards future prospects i.e., Rs.2,250/- Thereafter, by adopting multipliers as per the decision of the Hon'ble Supreme Court in Sarla Verma and Ors Vs. Delhi Transport Corporation 2009 (2) TNMAC 1 (SC), the claim tribunal computed the award under the head ‘permanent disability’ as [Rs.4,500/- + Rs.2,250/-] x 12 x13 x 90/100 = Rs.9,47,700/-.
The decision of the Court:
The compensation computed by the claim tribunal was upheld.
Case Title: The Managing Director vs Rajendran
Coram: Mr. Justice Rmt.Teekaa Raman
Case No.: CMA No.1852 of 2022 and CMP Nos.13406 & 20520 of 2022
Advocate for the Appellant: Mr. D. Venkatachalam
Advocate for the Petitioner: Mr. S. Murugan
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