The Motor Accident Claims Tribunal in Chennai was pulled up for adopting an ordinary method of calculation and fixing a low amount of `2.85 lakh against a claim of `15 lakh towards compensation for the permanent disability sustained by a 16-year-old boy.
‘‘A person injured in an accident leaves his family in greater distress, vis-a-vis a family in a case of death. In the latter case of death the initial shock gives way to a feeling of resignation and acceptance and in time, compels the family to move on. The case of an injured and disabled person is, however, more pitiable and the feeling of hurt, despair and often destitution ensures every day. The support that is needed by a severely handicapped person comes to an enormous price, physical, financial and emotional, not only on the victim but even more so on his family and attendants and the stress saps their energy and destroys their equanimity,’’ Madras HC Judge S Vimala observed recently.
The judge was partly allowing an appeal from R Venkatesan challenging the order of the MVT dated September 16, 2008 awarding a compensation of `2,85,670 against the claim of `15 lakh. Petitioner (16) was studying in 10 standard in the Ebenezer Matriculation School, who suffered amputation of leg above knee.
The judge observed that the formula to be adopted is applicable only in case of injuries which did not result in total loss of earning capacity. In this case, the injury resulted in total and permanent loss of earning capacity. Hence, the Motor Accident Claims Tribunal ought to have adopted the multiplier method of quantification taking in to consideration the age of the victim.
A mathematical formula has been mechanically applied by the Tribunal, adopting artificial standards, without looking into the consequences of injury and the impact of the injury upon the mind of the young boy. ‘‘Therefore, it is a case where this court has to interfere with the award of the Tribunal,’’ the judge said and fixed the compensation at `14.94 lakh.
