Case Note & Summary
The case involves two Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against a common judgment and decree dated 19.07.2022 passed by the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai in M.C.O.P. Nos. 6857 and 6856 of 2016. The appellants, Mohammed Sadik @ Mo Sadik and Mohammed Mothim @ Mohammed Mohasin @ Mosim Ahmad, were travelling on a motorcycle on 22.09.2016 when a Mixer Lorry driven rashly and negligently by the first respondent dashed against them, causing grievous injuries. The appellant in CMA No.2744/2022 sustained acute crush injury to the left leg with degloving injury resulting in amputation of the left leg. The appellant in CMA No.2745/2022 sustained crush injury on the right foot with partial amputation of the right great toe and fractures of the 2nd and 5th metatarsals, for which K-wire fixation was performed. The Tribunal awarded Rs.13,94,400/- to the appellant in CMA No.2744/2022 and Rs.2,82,000/- to the appellant in CMA No.2745/2022 with interest at 7.5% per annum. Aggrieved by the quantum, the claimants filed the present appeals seeking enhancement. The High Court, after hearing the counsel for the appellants and the insurance company, enhanced the compensation considering the permanent disability and loss of earning capacity. The court held that the compensation should be just and reasonable and accordingly enhanced the awards.
Headnote
A) Motor Accident Claims - Compensation for Amputation - Crush Injury - Section 173 Motor Vehicles Act, 1988 - The appellant sustained acute crush injury leading to amputation of left leg; Tribunal awarded Rs.13,94,400/-. High Court enhanced compensation considering the permanent disability and loss of earning capacity. Held that the compensation should be just and reasonable, and enhanced the award (Paras 1-10). B) Motor Accident Claims - Compensation for Crush Injury - Partial Amputation - Section 173 Motor Vehicles Act, 1988 - The appellant sustained crush injury on right foot with partial amputation of great toe and fractures; Tribunal awarded Rs.2,82,000/-. High Court enhanced compensation considering the nature of injuries and medical expenses. Held that the compensation should be enhanced (Paras 1-10).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the claimants are entitled to enhancement.
Final Decision
The High Court allowed the appeals and enhanced the compensation. The court directed the insurance company to pay the enhanced amount with interest at 7.5% per annum from the date of petition till realization.
Law Points
- Compensation for amputation
- Crush injury compensation
- Motor accident claims
- Enhancement of compensation
- Section 173 Motor Vehicles Act
