Chennai: Coming to the rescue of a 34-year-old Army man, who is leading a life in a vegetative state, which was on account of the injuries he suffered in an accident, the Madras high court has enhanced the compensation of Rs 4.57 lakh awarded by the tribunal to a whopping sum of Rs 73.82 lakh.
"When the injured/claimant offered protection and, thereby, respect to Mother India, as one of its sincere children, it is the imperative duty that the law of the nation must also respect the petitioner", said a division bench comprising Justices S. Vimala and S. Ramathilagam while allowing a petition from the army man Mohan Kumar, which sought to enhance the compensation.
Writing the judgment for the Bench, Justice Vimala said the disillusioned man who burnt his midnight oil in guarding our nation at the borders, by doing yeoman service round the clock, has become a faceless and motionless claimant on account of the injuries he suffered in the accident that happened on November 11, 2007. The injured was serving the nation by rendering service as havildar, drill instructor. At the age of 34, the pivotal point of his career, the accident intervened, thus robbing himself and his family of his monthly earning of Rs 20,000.
The gruesome accident occurred when the vehicle in which claimant, who is now immobile, was travelling hit against a tree at Thirupattur in Vellore district, the judge added.
Pointing out that both the claimants and his spouse, viz., wife were deprived of their conjugal relationship even when alive, which was crueller than bearing the pain of death, the humane judge said. "The tentacles of judicial activism need reach and alleviate the sufferings of the persons, who seek justice at the hands of this court. The case at hand is a classic example where the case not only evokes judicial sympathy, but also compassion", the judge added.
The military hospital rightly assesses the disablement at 100 per cent. When a person such as the claimant, an active person before the accident, when totally and completely disabled to do the job he was doing and more so burdened with the mental strain that for the rest of his life he has to depend on others even for discharging his day to day activities, the judge added and applying the multiplier method, quantified the compensation of Rs 73.82 lakh.
The judge said the fundamental mistake committed by the presiding officer of the Tribunal has resulted in the award, which was grossly inadequate. It was further evident from the award that the circumstances, in which multiplier method was to be adopted has not been understood by few judicial officers. Justice Vimala directed the Registry to make a copy of this order to the Director, Tamil Nadu State Judicial Academy, Chennai for necessary follow up action.
