Date:22/05/2011 URL:
http://www.thehindu.com/2011/05/22/stories/2011052260090500.htm
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Compensation for permanent disability upheld
J. Venkatesan
New Delhi: The Supreme Court has held that in motor accident claim cases, the
Tribunal would be fully justified in awarding compensation to the victim not
only for 'loss of earning' but also for 'permanent disability.'
Giving this ruling a Bench of Justices P. Sathasivam and B.S. Chauhan said:
"The incapacity or disability to earn a livelihood would have to be viewed not
only in praesenti but in futuro on reasonable expectancies and taking into
account deprival of earnings of a conceivable period. This head being totally
different cannot in our view overlap the grant of compensation under the head
of pain, suffering and loss of enjoyment of life. One head relates to the
impairment of person's capacity to earn, the other relates to the pain and
suffering and loss of enjoyment of life by the person himself."
Writing the judgment, Justice Sathasivam said: "It cannot be construed that
compensation cannot be granted for permanent disability of any nature. For
example,
take the case of a non-earning member of a family who has been injured in an
accident and sustained permanent disability due to amputation of leg or hand.
"It cannot be construed that no amount needs to be granted for permanent
disability. It cannot be disputed that apart from the fact that the permanent
disability
affects the earning capacity of the person concerned, undoubtedly, one has to
forego other personal comforts and even for normal avocation they have to
depend on others."
In the instant case, the appellant, B. Kothandapani suffered grievous injuries
in a motor vehicle accident involving the Tamil Nadu State Transport Corporation
Ltd. vehicle. The Tribunal awarded Rs. 5,05,053 as compensation, including Rs.
1.50 lakh towards permanent disability.
On appeal from the Corporation, the Madras High Court reduced the compensation
to Rs. 4,05,053, viz Rs.one lakh was reduced towards permanent disability.
The only question in the appeal preferred by Mr. Kothandapani in the Supreme
Court was whether he was entitled to compensation both for loss of earning
and permanent disability.
Allowing the appeal, the Bench said: "Two doctors had explained the nature of
injuries, treatment received and the disability suffered by the appellant
due to partial loss of eye-sight and amputation of middle finger in the right
hand."
At the time of accident, he was working as foreman in a company. "Taking note
of his nature of work, partial loss in eye sight and loss of the middle finger
of the right hand not only affects his earning capacity, but also affects
normal avocation and day-to-day work. In such circumstances, we are of the view
that the Tribunal was fully justified in granting a sum of Rs.1,50,000 towards
permanent disability," the Bench said. Holding that the High Court was not
justified in reducing the award, the Bench directed the Corporation to pay the
appellant Rs. 5,05,053 with interest as awarded by the Tribunal.
"If the said amount has not been deposited so far, the Corporation is directed
to deposit the same in the Tribunal within two months and if any amount had
already been deposited/paid to the claimant, the same shall be adjusted."
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