Friday, January 3, 2014

High Court Enhances Compensation to an Injured in Accident

Slamming the Motor Accident Claims Tribunal for mechanical approach in calculating the relief for a 25-year old man, whose life is in a vegetative state after a road mishap 10 years ago, Madras High Court today enhanced the compensation from Rs 2.85 lakh to about Rs 15 lakh.           
Allowing an appeal by the parents of the victim, Justice S Vimala ordered a compensation of Rs 14,94,170 as against Rs 2,85,670 awarded by the Chennai bench of MACT.        
Coming down heavily on the tribunal in calculating the compensation the judge said "in spite of several Supreme Court judgements, the Tribunal did not understand and appreciate the duty to award just compensation and exhibited the mechanical approach towards calculation of loss."      
R Venkatesh, a kabaddi player and a 10th standard student here, had to amputate his leg after he was hit by a truck while trying to cross the road in November 2004. He was only 16 years then.      
The MACT in September 2008 awarded Rs 2,85,670 as compensation to him as against the claim made for a Rs 15,00,000. His parents challenged the order of the Tribunal in the High Court.      
"The formula adopted by the Tribunal is applicable only in case of injuries which did not result in total loss of earning capacity. In the case where the injury results in total and permanent loss of earning capacity, the Tribunal ought to have adopted the multiplier method of quantification, by adopting suitable multiplier in respect of the victim and also by taking into account, the future prospective earning of injured."      
"The doctor has given evidence stating that it is not possible to fix an artificial limb for the injured because of the peculiar way in which the amputation has occurred. Therefore it is clearly a pathetic case where the artificial leg also will not come to the aid of the claimant and throughout the life he has to depend upon the family members or relatives for his assistance," the judge said.   
 "This is a case where there are exceptional circumstance, which would go to show that the life of a claimant is vegetative living," the judge said enhancing the compensation awarded by the MACT.

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