Supreme Court upholds Rs 35 lakh compensation

New Delhi: The Supreme Court has upheld a Madras High Court judgment awarding Rs 35.70 lakh to a 29-year-old advocate who suffered a 70 per cent permanent disability in a road accident in August 1999 in Chennai.

A bench of Chief Justice H.L. Dattu and Justice Amitav Roy after hearing senior counsel Subramonium Prasad and counsel Vipin Nair dismissed an appeal filed by United Insurance India against the High Court verdict.

The lawyer, S. Achuthan was travelling on his motorcylce from Poonamalli to Parry’s corner in Chennai, when he was hit by an autorickshaw that was speeding from the opposite direction. This resulted in severe injuries to the Lawyer and his pillion.

The lawyer filed a claim before the Motor Accident Claims Tribunal (MACT), Chennai claiming a compensation of Rs 51 lakh. The MACT awarded him approximately Rs 24.5 lakh. Both the claimant and the Insurance Company preferred appeals before the Madras High Court, which enhanced the compensation by Rs 11.2 Lakh, to approximately Rs .35.7 lakh with interest.

The High Court noted that the lawyer couldn’t walk without crutches or without help of others as a result of the accident and would, therefore, be unable to carry on with his (legal) profession in a proper and able manner.

The High Court further noted that he was working as a junior lawyer with a senior advocate. It also noted the loss of marriage prospects for the lawyer while awarding him enhanced compensation.

The SC dismissed the insurance company's appeal and this decision according to Mr. Vipin Nair will have significant ramifications in cases involving MACT claims vis-a-vis lawyers since the High Court judgment discusses the various parameters.