HC hikes relief from Rs 3.48 lakh to Rs 30 lakh to disabled

Observing that permanent disability is worse than death, especially for a sportsperson, Madras High Court has enhanced by almost 10 times the compensation awarded by a Motor Accident Claims Tribunal to a male athlete from Rs 3.48 lakh to Rs 30 lakh.
"The Claims Tribunal/Court is duty bound to award just compensation which is reasonable on the basis of evidence adduced. There is no ceiling limit for the Tribunal to award the compensation," Justice S Vimala said hearing the case of M Premkumar, whose right leg was amputated in an accident on June 3, 2008 when he was a XII standard student.

She said the Claims Tribunal/Court is not bound by technical rules of evidence and when Sections 168 and 169 of the Motor Vehicles Act provide for summary procedure, it should be consistent with the rules of natural justice.
Premkumar had submitted that he had received 70 certificates for meritorious performances in disciplines like discus throw, shot put, volleyball and handball and 400 metre relay run.
He appealed against the Tribunal awarding him a compensation of Rs 3,48,947, stating that the amount was "not in conformity with humanity" and the forum was accountable to award just compensation.
Justice Vimala, who enhanced the compensation, said it would not have been difficult for the appellant to get a job under sports quota and would have earned well had he not met with the accident.

She pointed out that Premkumar had stated that he wanted to become a police officer, but his dream was shattered on account of disablement in the accident.
She directed that the claimant be allowed to withdraw only Rs 10 lakh out of the total compensation and the balance be deposited in fixed deposit and the interest accrued by it credited into his savings account.