Subulaxmi vs M.D. T.Nadu State Transp.Corp.& Anr

3. The facts which are essential to be exposited are that on 13th March, 1998, the claimant-appellant, aged about 30 years, a match industry worker while travelling in a bus bearing registration number TN 59-N0912 belonging to the Tamil Nadu State Transport Corporation, Madurai Division (V), the respondent No. 2 before the tribunal, met with an accident with another bus bearing registration number TN 59-N0912 belonging to the Madurai Division (I) of the said Corporation, the respondent No. 1 therein. The accident occurred because of careless and negligent driving of the drivers of both the vehicles. In the accident, the claimant suffered grievous injuries which eventually resulted in the amputation of left leg below knee and abrasion in right shoulder and later amputation of right foot. It was averred that she was earning a sum of Rs.1,500/- per month at the time of accident and remained in the hospital for a period of five and half months. Computing the amount expended, pain and suffering, incapacity to have any future income and the deprivation of other amenities of life and future comforts she claimed a sum of Rs.6,50,000/- as compensation. The tribunal granted Rs.2,00,000/- as compensation by award dated 22.10.2002 and fastened the liability on both the respondents. It is necessary to state here that the tribunal had awarded Rs.86,000/- towards permanent disability assessing the same at 86%, Rs.14,000/- towards pain and suffering, Rs.66,000/- on the head of loss of future income, Rs.10,000/- for medical expenses, Rs.15,000/- towards extra nourishment, Rs.5,000/- for loss of income during the treatment period and Rs.4,000/- towards transport charges.

4. Being grieved by the award, the Corporation preferred C.M.A. No. 2964 of 2003 and the claimant preferred Cross Objection (MD) No. 45 of 2008 for enhancement of the quantum. The High Court, while computing the amount of compensation, did not grant any amount for permanent disability but enhanced the future income to Rs.1,15,000/- and added Rs.75,000/- for replacement of artificial limb and for future medical expenses. It also granted Rs.10,000/- for loss of amenities and Rs.10,000/- towards attendant charges. On certain heads it also marginally enhanced the amount as a consequence of which the amounts stood enhanced to Rs.2,75,000/-. It is apt to mention here that the High Court came to the conclusion that the claimant was entitled for compensation for loss of earning capacity due to disability and both were to be in compartment. It also did not grant interest on the enhanced sum. In the ultimate eventuate the High Court vide its judgment dated 14.7.2010 rejected the appeal filed by respondent No. 1 and allowed the cross-objection in part. Being dissatisfied, the claimant has preferred the present appeal for enhancement of the amount of compensation.

9. In the case at hand, the tribunal had awarded a sum of Rs.86,000/- towards the permanent disability. The High Court has deleted it. The said deletion as per our above discussion is impermissible. In our considered opinion regard being had to the nature of injury suffered and further taking note of the date of accident, a sum of Rs.1,00,000/- on this head would be appropriate and, accordingly, we so determine.

10. Presently, we shall proceed to compute the loss of earning capacity. The claimant was earning Rs.1,500/- per month and thereby Rs.18,000/- per annum. As she has suffered 86% permanent disability, the future earning may be computed at 14% less and accordingly it is estimated that the multiplicand should be Rs.15,480/- per annum. At the time of accident, she was 30 years of age, and hence, the multiplier of 18 would be applicable, as has been held in Sarla Verma v. D.T.C.[11]. Thus, the loss of future earning by multiplying the multiplicand of Rs.15,480/- by multiplier of 18, the amount would come to Rs.2,78,640/-.

11. As far as the pain and suffering and loss of amenities are concerned, we think it is appropriate to grant a sum of Rs.1,00,000/-. In respect of other heads, namely, medical expenses, extra nourishment, transport charges and loss of earning during treatment, the amount awarded by the High Court is allowed to remain as such. Thus, the amount on the aforesaid scores would come to Rs.45,000/-. As far as the future replacement of artificial limbs and other medical expenses are concerned, keeping in view the escalation of price, we think it seemly to enhance it Rs.1,25,000/-.

15. Thus analysed, we are disposed to think that the High Court has erred in not granting interest on the enhanced sum. As is evincible, the tribunal had granted payment of interest at the rate of 9% per annum. Considering the totality of facts and circumstances, we find that the interest awarded by the tribunal is just and proper and accordingly we direct that the interest on the differential enhanced sum shall carry interest at the rate 9% per annum from the date of filing of the claim petition till the date of deposit of the same before the tribunal. The respondent corporation is directed to deposit the differential amount before the tribunal within a period of eight weeks from today.

16. Consequently, the appeal is allowed to the extent indicated above. In the facts and circumstances of the case, there shall be no order as to costs.

November 01, 2012.