Insurance firm appeals compensation, Madras HC increases it by Rs 10 lakh

CHENNAI: The Madras high court has dismissed an appeal by an insurance firm and enhanced the compensation awarded to an accident victim by 10 lakh after assessing that the Motor Accidents Claims Tribunal had failed to properly assess the future prospect of the victim.

A division bench, consisting of Justice M M Sundresh and Justice Krishnan Ramasamy, was hearing an appeal by the insurance company against the award passed by the accidents claims tribunal in Puducherry.

Sakthivel, a fisherman, had suffered a head injury and his disabilitty was assessed at 90%. The tribunal had awarded 28.7 lakh as compensation. The counsel for the insurance firm argued that the fixation of permanent disability at 90% was not correct. When the appeal came up, the counsel for the victim submitted that his client had undergone right ventriculo peritoneal shunt operation (a medical device to relieve pressure on the brain caused by fluid accumulation). The bench noted that the victim had undergone a series of surgeries after the head injury.

The bench, during the pendency of the appeal referred the victim again to a medical board. The medical board, in a report, submitted two months ago, reiterated that the permanent disability was 90%. "Though multiple injuries were suffered by the victim, the major injury was on the head, and therefore, the victim is not able to do any work on his own," the bench said, noting that he was also in need of assistance for carrying out his daily activities after the accident.

The bench noted that the compensation fixed by the tribunal was low and after considering the future prospects of the victim, fixed the compensation at Rs 36.24 lakh. The bench directed the insurance firm to pay the enhanced compensation amount to the victim.

Source: The Times of India