The Managing Director vs H.Nabiza .. 1St on 15 March, 2021
10.It is the case of the 1st respondent in C.M.A.No.875 of 2021 that in
the accident she sustained multiple grievous injuries and multiple fractures
all over her body and head. To prove the nature of injuries and disability
suffered by her, she examined herself as P.W.2 and Dr.Venugopal as P.W.3.
P.W.3/Doctor examined the 1st respondent in C.M.A.No.875 of 2021 and
certified that she suffered 50% partial disability and deposed that there is
malunion of the fractured bones, there is deformity and disfigurement in the
right hand, movement of the fingers in right hand are restricted with pain,
she is having difficulty in lifting, holding heavy objects and issued
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C.M.A.Nos.875 & 878 of 2021
Ex.P11/disability certificate to that effect. It is the further case of the 1st
respondent in C.M.A.No.875 of 2021 that at the time of accident she was
aged 48 years, working as Junior Personal Officer in T.A.Department,
N.L.C., Neyveli and was earning a sum of Rs.23,000/- per month. To prove
her avocation and income, she has marked the loss of pay certificate as
Ex.P15. The Tribunal considering Ex.P15, fixed a sum of Rs.20,000/- per
month as notional income. The Tribunal found that the 1st respondent in
C.M.A.No.875 of 2021 has not attender her work for three months from
01.07.2008 to 31.10.2008 as per Ex.P15. In view of the same, a sum of
Rs.60,000/- awarded by the Tribunal towards loss of income for three
months to the 1st respondent in C.M.A.No.875 of 2021 is proper. The
Tribunal considering the Division Bench Judgment of this Court reported in
2013 (1) TNMAC 47 (DB), [New India Assurance Company Limited Vs.
E.Ponnurangam and another], awarded a sum of Rs.1,00,000/- for 50%
disability at the rate of Rs.2,000/- per percentage of disability.