Tri HC | Non-progressive injury resulting in application of formula to calculate compensation held correct; appeal of insurance company rejected

Tripura High Court: Akil Kureshi, CJ., dismissed an appeal filed aggrieved by the order of the Motor Accident Claims Tribunal by the insurance company.

The original claimant had been travelling on a motorcycle as a pillion rider when the vehicle collided with a four-wheeler of TATA ACE make coming from the opposite direction and the claimant suffered serious bodily injuries. The doctors had opined that he had suffered permanent partial disability of 45% of the body as a whole and he would be seriously restricted in his movement and work. The Claims Tribunal had awarded total compensation of Rs 25,55,520 under various heads including the pain, shock and suffering, medical treatment, etc considering the fact that he was a private doorstep banking officer drawing a salary of Rs 12,592. The insurance company had mainly contested the computation of compensation for future loss of income and questioned him about the employment in the said bank. The Member Secretary-cum Locomotor Specialist at the District Disability Medical Board certified that claimant was suffering from locomotor disability in the right leg resulting into permanent disability of 45% and it was a non-progressive injury which meant that the patient would not be able to perform any physical activity standing up without any exterior support for the rest of his life.

The Court while dismissing the appeal and agreed with the view of the Tribunal that such disability had resulted into at least 50% reduction in the earning capacity of the claimant and his job was private one and did not have any security and his potential for reemployment had also come down thus the Tribunal had rightly applied the formula for future rise and multiplier as suggested by the Supreme Court the in case of Sarla Verma v. DTC, (2009) 6 SCC 121. [National Insurance Company Ltd. v. Chittu Das, 2020 SCC OnLine Tri 93, decided on 14-02-2020]

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