HC enhances compensation to injured soldier from Rs 4.57 lakh to Rs 73 lakh

The Madras High Court has observed that the law of the nation must respect injured soldiers.

A division bench of Justices S Vimala and S Ramathilagam made the observation while enhancing the compensation to Havildar Mohan Kumar from Rs 4.57 Lakh to Rs 73 lakh.

Mohan Kumar (34), working at the frontier, was seriously injured in an accident during a visit to his native Tiruppathur in 2007.

The Motor Accidents Claims Tribunal awarded Rs. 4.57 lakh compensation to Kumar and his wife in 2012.

The soldier's family challenged the order in the high court.

The bench observed that it was not in dispute that the claimant was totally paralysed and immobile.

"It is clear that the claimant would not be in a position to earn any more in his life. Not only the claimant who has suffered the loss, equally so his family," it said.

The bench said the tribunal ought to have considered all aspects in proper perspective while quantifying the compensation towards loss of earning capacity.

"Therefore, it is incumbent on this court to see to it that the compensation granted is consciously just and reasonable and not for mere word sake to be termed as just and reasonable," it said.

The bench then fixed the compensation at Rs 73 lakh and directed the New India Assurance Co Ltd in Tiruppathur to remit it to the credit of the claim petition within six weeks.

It also observed that it was high time necessary training was imparted to judicial officers regarding proper use of the 'multiplier' method.

The bench directed the registry to mark a copy of the order to the director, Tamil Nadu State Judicial Academy, Chennai, for necessary follow up action.