After 4 Surgeries, Madras HC Raises Compensation For 61-Year-Old Accident Victim To Rs 13.06 Lakh

In brief

The question

1. Whether the Tribunal’s assessment of the claimant’s monthly income and resulting disability compensation required enhancement

The court held

The appeal was partly allowed, and the award was modified to Rs. 13,06,547, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the stated exclusion for the default period

It also directed

The insurer was directed to deposit the amount, less any amount already deposited, within six weeks of receiving the judgment.

The claimant may withdraw it, subject to the Court’s directions on prior withdrawals, court fee and disbursement; there was no order as to costs

01Facts

The claimant sustained multiple injuries in a motorcycle accident on 18 February 2019.

p. 2

The Motor Accidents Claims Tribunal found the accident was caused by the other motorcycle rider’s rash and negligent driving and awarded Rs. 7,26,320, including compensation calculated using a monthly income of Rs. 11,500, 52% permanent disability and a multiplier of seven

pp. 2–4

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, principally on the grounds that his income and amounts awarded under several heads were inadequate and that medical expenses had not been awarded

p. 1, 4

The High Court noted that he was 61 at the time of the accident, had been hospitalised for 135 days and had undergone four surgeries

pp. 5–6

02Issues

i.1. Whether the Tribunal’s assessment of the claimant’s monthly income and resulting disability compensation required enhancement

p. 5

ii.2. Whether the compensation awarded under other heads, including medical expenses, transportation, nourishment and attendant charges, required enhancement

pp. 4–6

03Law Applied

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173 of that Act

pp. 1–2

The Court applied the multiplier method to assess compensation for permanent disability, retaining the Tribunal’s use of a multiplier of seven and the Medical Board’s assessment of 52% disability

pp. 3, 5–6

The judgment cites no precedent or further statutory test governing assessment of the individual compensation heads

pp. 5–6

Provisions in the judgment · 2 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173 Section 166

04Reasoning

The Court considered the claimant’s age, asserted agricultural occupation and the accident date, and found the Tribunal’s monthly income assessment of Rs. 11,500 inadequate; it increased the notional monthly income to Rs. 13,000

p. 5

It upheld the multiplier method and the 52% disability assessment, but revised the compensation in light of the claimant’s 135-day hospitalisation and four surgeries.

pp. 5–6

The Court awarded Rs. 5,47,707 for medical expenses and increased transportation and extra-nourishment awards, while also awarding Rs. 15,000 for loss of amenities and Rs. 1,000 for damage to clothes and articles

pp. 5–6