Madras HC doubles compensation for accident victim

The Madras High Court has enhanced the compensation awarded by a tribunal to a person, who was injured in an accident leading to amputation of his legs, from over Rs 20 lakh to Rs 45 lakh.

The matter relates to a civil miscellaneous appeal filed by New India Assurance Company Limited against the order passed by the Motor Accident Claims Tribunal, Chennai, in 2012 awarding compensation of Rs 20,93,500 to R.Nagaraj.

Nagaraj, a cleaner-cum-load man, was travelling in a mini-lorry from Hosur to Bengaluru on December 5, 2009 when the vehicle collided with a Karnataka Transport Corporation bus, a motor cycle and another KTC bus.

He sustained severe injuries and both legs had to be amputated.

A division bench of justices N Kirubakaran and R.Pongiappan in its order recently said, "... the victim would not be in a position to move on his own and he would not be able to enjoy his life."

"He cannot do any work on his own.  The victim has to depend on others throughout his life, even for answering the call of nature," the bench said.

It cited a Supreme Court judgment while enhancing the compensation.

The bench directed the insurance company to deposit the entire amount along with interest after deducting the amount, if any paid already, within a period of four weeks from the date of receipt of the copy of the order.

It also directed the tribunal to electronically transfer the amount to Nagaraj'sbank account within a period of one week.

Nagaraj came to the court in a wheel-chair assisted by an attendant.

The bench informed him about the enhancement of compensation to Rs 45 lakh.

The amount includes Rs five lakh to his wife for "loss of material pleasure" and Rs 10 lakh towards "attendant charges."

Nagaraj told the court that he had two daughters and would use the amount for their marriage.