Madras HC enhances compensation from Rs.4.5 Lakhs to 73 Lakhs in the case of permanent disablement

The Division Bench of the Madras High Court has enhanced the award passed by Motor Accident Claims Tribunal from Rs.4.5 Lakhs to 73 Lakhs. The Division court opined that it is the absolutely necessary  to impart training to the Judicial Officers, otherwise, the poor litigants may face undue delay for their legitimate claim. The above observation has been made as the MACT awarded compensation in the given case by using percentage method instead of multiplier method. The Court has further observed that only in exceptional cases a departure can be made from applying multiplier method. The multiplier method is sound logical  for calculating compensation, the Bench opined.The court relied upon the judgments in Kavita v.Deepak, Sandeep Khanuja v. Atul Dande,  MCD  v. Subhagwanti and MPSRTC v. Sudhakar.  The Division Bench comprising Justice Vimala and Ramathilagam delivered the above judgment in an appeal preferred by an Army Personnel, who is permanently disabled on account of a motor accident.

The Division Bench earlier suo motto impleaded the wife of the appellant and awarded a compensation of Rs.5 Lakhs on her account on the ground of loss of consortium due to disablement of her husband. Further the Division Bench opined that after disablement, the role of the wife is manyfold. The Bench expressed that “in such a scenario, the role of the spouse increases manifold; not only she acts as his guardian, but also has to adorn the role of a mother, a servant, an attender and what not…” On various heads, the compensation has been increased and the total compensation is Rs.73 lakhs and add.