S. MANICKAM versus METROPOLITAN TRANSPORT CORP. LTD.

S. MANICKAM versus METROPOLITAN TRANSPORT CORP. LTD.

Compensation can be awarded under both heads: permanent disability and loss of earning/earning capacity, as they pertain to distinct losses; proper multiplier should be applied according to the Second Schedule based on claimant's age (45 years), restoring both compensation heads as determined by the Tribunal.

Parties
Appellant/claimant: S. Manickam; Respondent: Metropolitan Transport Corp. Ltd.
Jurisdiction
India
Judgment Date
01 July 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment (judgment and Order Dated 29.01.2007 of the High Court of Judicature at Madras in C.m.a. Nos. 82 and 150 of 2001)
Outcome
Appeals partly allowed
Legal Topics
Accident Compensation, Just Compensation, Permanent Disability, Loss of Earning/earning Capacity, Multiplier Method
Motor Accident Claims Tort Law Accident Compensation Just Compensation Permanent Disability Loss of Earning/earning Capacity Multiplier Method

Case Brief

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Parties

S. Manickam

Appellant/claimant

Metropolitan Transport Corp. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment (judgment and Order Dated 29.01.2007 of the High Court of Judicature at Madras in C.m.a. Nos. 82 and 150 of 2001)

Legal Issues

  1. 1 Whether compensation is payable under both heads: loss of earning/earning capacity and permanent disability in motor vehicle accident cases
  2. 2 Whether the High Court was justified in disallowing compensation under the head of permanent disability and reducing the multiplier from 13 to 10

Ratio Decidendi

Compensation can be awarded under both heads: permanent disability and loss of earning/earning capacity, as they pertain to distinct losses; proper multiplier should be applied according to the Second Schedule based on claimant's age (45 years), restoring both compensation heads as determined by the Tribunal.

Court Disposition

Appeals partly allowed

Orders

  • Additional compensation of Rs. 1,80,000/- granted: Rs. 1,00,000/- towards 85% permanent disability and Rs. 80,000/- towards loss of earning/earning capacity by applying multiplier 13
  • Total compensation awarded: Rs. 8,52,822/-, with interest at the rate of 9% from date of claim petition till date of deposit