JUDGMENT (Prayer: CMA filed under Section 173 of Motor Vehicles Act, 1988, against the award passed by the MACT (Small Causes Court No.III) Chennai, in MCOP.No.3757/2007 dated 27.04.2012.) 1. This appeal is filed originally by the injured claimant seeking enhancement of compensation. Subsequently, on the death of the injured claimant, legal heirs of the deceased were brought on record. 2. The brief facts of the case is that on 05.08.2007 at 21.00 hours, when the claimant was traveling as pillion rider in a Motor cycle bearing Reg.No.TN-20-L-5562 from Pallavaram to Kandigai, the first respondent’s Tata Sumo Van bearing Reg.No.TN-09-K-9797 coming in the opposite direction in a rash and negligent manner hit the petitioner, thereby, the petitioner sustained grievous injures. The claimant claimed Rs.10,00,000/- as compensation for the injuries in MCOP.No.3757 of 2007. 3. The Tribunal after elaborate trial, answered the issues that due to rash and negligent driving of the 1st respondent’s vehicle driver, the accident took place. The first respondent, being the owner of the offending vehicle and the 2nd respondent, being the insurer of the vehicle, the tribunal held that 1st and 2nd respondents are jointly and severally liable to pay compensation to the injured. 4. Insofar as quantum of compensation is concerned, at the time of accident, the injured petitioner was 31 years, working as Technical Assistant in Hakkim Leather Company and was earning Rs.4,500 /- per month. 5. Going by Ex.P.2 Discharge summary, it is evident that injured was treated as inpatient in Government General Hospital, Chennai, for a period of 71 days and had undergone surgery. Even thereafter, taken continuous treatment in private hospital and undergone surgery. Totally, petitioner underwent 5 surgeries. Ex.P.2 shows that petitioner sustained fracture of right femur, dislocation of right hip and compound fracture of both bones right leg. 6. P.W.2 Doctor was examined and his testimony was that petitioner sustained partial permanent disability for fracture of right femur, shortening of right leg by 3 inch and petitioner is limping and facing difficulty to squat, to stand and climb stairs and there is disfigurement and not in a position to do any work. Ex.P.14-disability certificate assessing the disability as 60% has been marked. 7. The Tribunal, going by disability certificate and photo Ex.P.11 of the petitioner, fixed Rs.2000/- per percentage of disability and for 60% disability, Rs.1,20,000/- has been granted. Ex.P.14-disability certificate assessing the disability as 60% has been marked. 7. The Tribunal, going by disability certificate and photo Ex.P.11 of the petitioner, fixed Rs.2000/- per percentage of disability and for 60% disability, Rs.1,20,000/- has been granted. The compensation granted by the Tribunal on all the heads is as under:- Heads of Compensation Amount Awarded Loss of income for 10 months 45,000.00 Transportation 6,000.00 Extra nourishment 5,000.00 Damage to clothes 500.00 Medical expenses 58,000.00 Future medical expenses 20,000.00 Attender charges 5,000.00 Loss of amenities of life and mental agony to the petitioner 10,000.00 Pain and suffering 10,000.00 Disability of 60% at the rate of Rs.2000/- per percentage 1,20,000.00 Loss of earning power 1,00,000.00 Total compensation 3,79,500.00 8. The injured claimant has filed this appeal for enhancement. It has been stated that the injured was about 31 years at the time of accident and he had a family and he has to support his children. But due to accident, his future got crippled and it is impossible for him to do any kind of work much less manual work to earn a decent living. It was averred that there was disfigurement of right leg besides shortening of right leg and it requires further treatment. 9. The learned counsel for the appellants submitted that applying multiplier method for the disability would have given a just compensation for the injured. But the tribunal failed to adopt multiplier method in this case. Learned counsel prayed for just compensation by way of enhancement. 10. Heard both sides. 11. A perusal of entire materials available on record would go show that the petitioner underwent 5 surgeries, suffered right leg shortening, disfigurement and due to injuries, experienced much pain and suffering and mental strain. The injured was working as Technical Assistant prior to accident. However, due to the injuries sustained by the victim, it transpired that he could not work and earn his livelihood. Therefore, for the loss of earning due to disability, the compensation should be arrived on computation based on adopting 100% disability. Subsequent to the filing of this appeal, the injured died on 30.09.2014. The Supreme Court held that while fixing compensation, suffering of the mind, shortening of life expectancy, loss of earning capacity, permanence of the disability, loss of amenities of life etc. Subsequent to the filing of this appeal, the injured died on 30.09.2014. The Supreme Court held that while fixing compensation, suffering of the mind, shortening of life expectancy, loss of earning capacity, permanence of the disability, loss of amenities of life etc. are to be considered against the backdrop of age, marital status and as such, in the present case on hand, unusual deprivation of earning taken place in the life of injured. Accordingly, the loss of earning power due to disability is worked out as under:- Disability – 100% Multiplier – 16 [Age 31 years] Salary – 4,500/- per month. 4,500 x 12 x 16 x 100% = 8,64,000/-. The compensation granted under the heads disability and loss of earning power, by the Tribunal, is now combined and Rs.8,64,000/- is granted towards “loss of earning power due to functional disability”. Since this court is adopting 100% disability and multiplier method, Rs.45,000/- awarded towards loss of income for the period of 10 months, is deleted and on all other heads, this court is not inclined to interfere. Accordingly, the modified compensation is as under:- Heads under which compensation is granted Amount awarded by the Tribunal Modified compensation granted by this court Loss of income for 10 months 45,000 --- Transportation 6,000 6,000 Extra nourishment 5,000 5,000 Damage to clothes 500 500 Medical expenses 58,000 58,000 Future medical expenses 20,000 20,000 Attender charges 5,000 5,000 Loss of amenities of life and mental agony to the petitioner 10,000 10,000 Pain and suffering 10,000 10,000 Disability of 60% at the rate of Rs.2000/- per percentage 1,20,000/- 8,64,000 Loss of earning power 1,00,000 Total compensation 3,79,500/- 9,78,500/- 12. In the result, the appeal is partly allowed. The amount of compensation is enhanced from Rs.3,79,500/- to Rs.9,78,500/- [Rupees Nine lakhs seventy eight thousand five hundred only]. Respondents 1 and 2 are directed to deposit the enhanced compensation with interest at 7.5% per annum and cost as awarded by this court, less the amount, if any deposited, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants/legal heirs of the injured are entitled to withdraw their share in equal proportion. No costs.