Partly allowed

The Manager v. v.Praveen Kumar

Madras HC4 Dec 2024CMA/738/2021

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award. High Court held multiplier method unsustainable as disability did not affect earning capacity, reduced loss of earning to Rs.75,000. Modified total compensation to Rs.3,56,705.

What did the court decide?

Impugned award modified; total compensation reduced to Rs.3,56,705. Appellant to deposit amount with interest and costs.

What the court decided

AI extract

The Manager Vs v.Praveen Kumar — Contract and Commercial Disputes | Madras HC (2024)

¶50

10. Ascertainment of the effect of the permanent disability on the actual earning capacity involves three steps. The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent ability (this is also relevant for awarding compensation under the head of loss of amenities of life). The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. The third step is to find out whether (i) the claimant is totally disabled from earning any kind of livelihood, or (ii) whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or (iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood. For example, if the left hand of a claimant is amputated, the permanent physical or functional disablement may be assessed around 60%. If the claimant was a driver or a carpenter, the actual loss of earning capacity may virtually be hundred percent, if he is neither able to drive or do carpentry. On the other hand, if the claimant was a clerk in government service, the loss of his left hand may not result in loss of employment and he may still be continued as a clerk as he could perform his clerical functions; and in that event the loss of earning capacity will not be 100% as in the case of a driver or carpenter, nor 60% which is the actual physical disability, but far less. In fact, there may not be any need to award any compensation under the head of `loss of future earnings', if the claimant continues in government service, though he may be awarded compensation under the head of loss of amenities as a consequence of losing his hand. Sometimes the injured claimant may be continued in service, but may not found suitable for discharging the duties attached to the post or job which he was earlier holding, on account of his disability, and may therefore be shifted to some other

¶85

S. *No.*	*Description*	*Awarded by* *the Tribunal* *(Amount in* *Rs.)*	*Awarded by* *this Court* *(Amount in* *Rs.)*
1	Loss of earning power	11,73,000/-	75,000/- (reduced)
2	Pain and suffering	1,50,000/-	50,000/- (reduced)
3	Extra nourishment	15,000/-	15,000/-
4	Transport to Hospital	7,500/-	30,000/- (enhanced)
5	Damages to clothes	1,000/-	1,000/-
6	Attender charges	1,000/-	20,000/- (enhanced)
7	Medical expenses	85,705/-	85,705/-
8	Future Medical Expenses	10,000/-	10,000/-
9	Loss of income	23,000/-	70,000/- (enhanced)
10	Loss of amenities	20,000/-	-
	Total	14,85,205/-	3,56,705/-

The Manager v. v.Praveen Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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The Manager v. v.Praveen Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.Mathaiyan Vs S.Kumar

Ganesan Vs Raja

V.G.Santhosam Vs v.G.S.Vinodh Raj

The Regional Manager Vs Raman

M/S.Tata Aig General Insurance Co. Ltd. Vs Dhivya

A compact analysis

Manikandan @ Karthik Vs Nimya