Madras HC Cuts Power-Loom Weaver’s Disability Assessment From 47.6% To 35%, Yet Raises Accident Award To ₹5.3 Lakh

Raja, aged about 45, claimed that a motorcycle struck him from behind while he was walking on 29 September 2018. He sustained fractures, including a fracture of the right proximal tibia.

The Motor Accident Claims Tribunal found the motorcycle rider solely responsible and awarded compensation of Rs.4,20,883, including compensation for 47.6% permanent disability assessed by the claimant’s treating doctor.

Raja appealed, seeking enhancement, contending that his disability affected his work as a power-loom weaver and that his monthly income had been assessed too low.

The Insurance Company opposed enhancement, including on the grounds that the disability had not been assessed by a Medical Board and that functional loss of earning capacity had not been established.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, against an award on a claim under Section 166.

The Court relied on Chinnathambi v. Deepa, 2020 (1) TNMAC 617, which the Tribunal had applied in awarding compensation per percentage of disability; the High Court considered the appropriate per-percentage amount in light of the injuries and accident date.

The judgment does not identify a separate statutory or precedential test for converting physical disability into functional disability or for applying the multiplier method.

The Court accepted that the fractures had malunited and permanently restricted the claimant’s right-leg movements, but found that the 47.6% assessment in Ex.P8 was made by the treating doctor, not a Medical Board, and therefore did not accept it in full.

Having regard to the injuries and medical evidence, it fixed permanent disability at 35%.

It retained the percentage method and, applying the approach in Chinnathambi, increased the rate from Rs.3,000 to Rs.6,000 per percentage, resulting in Rs.2,10,000 for permanent disability.

The Court did not adopt the multiplier method sought by the claimant.

Finding the Tribunal’s Rs.8,000 monthly income too low, it fixed notional income at Rs.15,000 and allowed six months for treatment and recovery, awarding Rs.90,000 for loss of income.

It left the other heads undisturbed.

The total compensation was enhanced from Rs.4,20,883 to Rs.5,30,000, with interest at 7.5% per annum from the date of the claim petition until deposit, excluding any period of default.

The Insurance Company was directed to deposit the amount, less any sum already deposited, within six weeks; the claimant was permitted to withdraw it in accordance with the Tribunal’s directions.