Chennai: A dentist, who lost his right arm in a road accident in 2009, got reprieve with the Madras high court enhancing the compensation awarded to him by the Motor Accident Claims Tribunal from Rs 67.99 lakh to Rs 82.60 lakh.
Allowing an appeal from Dr Saravana Ruban, seeking enhancement of compensation, a division bench comprising Justices C.T.Selvam and M.V.Muralidaran dismissed the appeal filed by the managing director of State Express Transport Corporation, challenging an order of the Motor Accidents Claims Tribunal, Chennai, dated April 30, 2013.
Dr Saravana Ruban suffered an accident on March 18, 2009, at 11.30 am while he was proceeding on a motor cycle from Pondicherry to Marakkanam. He was hit by a bus belonging to SETC and suffered injuries resulting in hospitalisation for nine days. Alleging that the accident occurred owing to the rash and negligent driving of the bus driver, that he had lost total use of his right arm, that he was employed as junior resident BDS at Jipmer hospital, Puducherry, and earning a monthly salary of Rs 35,047 and that the SETC was liable to pay compensation of Rs 1crore, he moved the tribunal.
On appreciation of materials before it, the tribunal found that the accident occurred owing to the rash and negligent driving of the bus and by applying the multiplier method awarded a compensation of Rs 67.99 lakh. Aggrieved, the SETC filed the present appeal. Contending that the tribunal had erred in not considering future earning prospects, the dentist filed the present appeal.
The bench said, “We are of the view that the Tribunal quite rightly has relied on the pay certificate issued by Jipmer Hospital towards satisfying itself of the claimant being an employee of Jipmer Hospital and accepting the sum of ' 35,047 informed as his monthly earning. The SETC, which has not produced any contra evidence, cannot now be permitted to challenge such finding. From the evidence of doctor, which finds support in disability certificate, it is clear that the claimant had suffered total loss of his arm. The SETC has not produced any proof of the present employment of the claimant. We would find that as the claimant has been a regular employee of Jipmer hospital and has suffered total loss of his right arm which disables him from carrying out his function as a dentist”.
Fixing the percentage towards future prospects at 40 per cent and deducting the income tax payable, the bench enhanced the compensation from Rs 67.99 lakh to Rs 82.60 lakh and directed the SETC to pay the compensation amount to the claimant within 6 weeks.
