Chennai: “Care, compassion and concern for a living injured person, deprived of full pleasure of living, shattered of his dream of colourful living on account of the accident should be higher than in cases of death. The two main loss in personal injury cases are personal loss and pecuniary loss,” Madras high court observed while enhancing a compensation of Rs 3.49 lakh to Rs 30 lakh to a 19-year-old sportsman.
Studying in class 12, his dream to become a police officer was shattered due to amputation of his right leg in a motor accident in 2008 in Erode district.
Justice S. Vimala allowed an appeal from the victim M. Premkumar, against an order of the Motor Accident Claims Tribunal, Erode, awarding a sum of Rs 3.49 lakh as compensation to him.
“Even though the tribunal has failed in the duty to award just compensation, this court, as the appellate court, should correct the mistake and to award just compensation. As in the case of sexual assault, the victim of road accident suffers double victimization, one on account of the injury and another on account of delay in disposal of the claims for compensation. This is more true in the case of Motor Accident Claims especially cases of amputation, where the victim requires instant justice”, the judge added.
The judge said the counsel for the Insurance Company and Tamil Nadu State Transport Corporation (Coimbatore division-II) submitted that amputation was an outcome of an invited accident and the appellant, being responsible for the accident, was not entitled to more compensation and in any event, the appellant was also guilty of contributory negligence.
Observing that the permanent disablement, which results in immobilisation of the victim was worse than death, especially for a sports personality and therefore, it calls for fixation of a higher amount of compensation, the judge enhanced the loss of earning capacity from Rs 1.60 lakh to Rs 20.75 lakh.
The judge said the appellant was a sports personality and he has really received 70 certificates of meritorious performance in various sports. Therefore, the loss of enjoyment of amenities was estimated at Rs 2 lakh. The judge enhanced the compensation to Rs 30 lakh.
