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CASE NO.: Appeal (civil)  2204-2205 of 2002

PETITIONER: S. RAJAN

RESPONDENT: CHENNAI METROPOLITAN TRANSPORT CORPORATION LTD

DATE OF JUDGMENT: 20/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NOS.2204-2205  OF 2002

       We have heard, Ms. Madhusmita Bora, learned counsel for the appellant and  Mr. T. Harish Kumar, learned counsel for the respondent at length.         The appellant, a boy when aged about 20 years met with a fatal vehicle accident  on 26.06.1997. He  sustained the following bodily injuries :         i.      Amputation of the right leg leaving 10cms.               from the hip.         ii.     Multiple compound fracture in the left leg                 knee and in the ankle.         iii.    Severe injury to the head leading to a          state  of unconsciousness.         iv.     Severe injury in the left hand palm         v.      Skin grafting done in the left leg         vi.     Severe internal injuries.

                       : 2 :         Doctor certified that he sustained 100% permanent physical disability. It is not  disputed that at the time of accident the appellant was working as a mason and he  was earning Rs.3,000/- per month. The Tribunal by its order awarded Rs.75,000/-  for loss of marital alliance. The Tribunal also awarded Rs.25,000/- towards inability  to participate in family and social functions. The Tribunal also awarded Rs. 75,000/-  towards pain and suffering due to fracture in his left leg and amputation of his right  leg. The Tribunal further awarded Rs.1,00,000/- as compensation for loss of earning  power as against the claim of Rs.11,00,000/-.  All together the Tribunal has awarded  Rs.5,25,000/- with interest at the rate of 12% per annum. On appeal being preferred  by the appellant the High Court has enhanced to Rs.5,29,948/-. However, the High  Court has reduced the rate of interest from 12% per annum to 9% per annum.         Admittedly, the claimant had suffered grievous injuries out of the motor  accident and amputation of the right leg leaving 10 cms. from the hip. It is also in the  evidence on record that the claimant also suffered multiple compound fracture in the  left leg knee and in the ankle amongst other injuries.  He has been totally  incapacitated for future earning power.  His dream of having a married life has been  shattered.   

                       : 3 :         Considering the aforesaid circumstances we add Rs.1,00,000/- more under the  head of loss of earning power. Under that heading we enhance from Rs.1,00,000/-  awarded by the Tribunal to Rs.2,00,000/-. The other sum awarded by the Tribunal  and affirmed by the High Court is not disturbed.         With the aforesaid enhancement the appeals are partly allowed.