The Managing Director, v. G.Sivagami
Case brief
What is this about?
This judgment addresses appeals challenging an award in a motor accident claim where the claimant suffered amputation of her right hand. The High Court affirmed the Tribunal's finding of sole negligence on the transport corporation bus driver and rejected the corporation's plea of contributory negligence. While the loss of income head was modified based on the claimant's continued employment, the Court significantly enhanced the compensation. It applied the multiplier method for attendant charges due to the claimant's total inability to perform personal and household duties alone. Additionally, the Court enhanced the award for the purchase and maintenance of a prosthetic hand and mental agony, ultimately increasing the total compensation.
What did the court decide?
Compensation enhanced from Rs. 36,35,942/- to Rs. 50,29,302/- along with 7.5% p.a. interest from filing date. Appeal by Transport Corporation dismissed; appeal by Claimant partly allowed.