Asha, J. The petitioner in O.P(MV) No.261/2008 before the Motor Accidents Claims Tribunal, Thalassery, has filed this appeal seeking enhancement of compensation. He sustained serious injuries on account of a motor accident on 28.10.2007 while riding on his motor cycle, on being hit by an autorickshaw bearing Registration No.KL-13/H 0622. From the wound certificate as well as the discharge certificates produced before the Tribunal, the Tribunal found that he sustained the following injuries:
“1) Grade III C fracture both bones upper 1/3rd right leg.
2) Vascular injury right popliteal vessel.
3) Compartment syndrome right leg.
4) Deformity right leg.
5) Lacerated wound 6X1 cms on left forehead to upper eyelid.
6) Lacertated wound 2X1 cm left ankle.
7) Multiple abrasion over left knee and leg.
8) Below knee right amputation done.”
The Tribunal awarded a sum of Rs.5,24,200/- as against his claim for a sum of Rs.10 lakhs. The appellant was working as a Conductor and he was having a driving licence with badge. He is unmarried and was aged 22 years at the time of accident.
2. The learned counsel for the appellant submits that the amount awarded towards compensation is thoroughly inadequate. Even though the disability certificate - Ext.A8, was produced certifying his disability as 50%, on account of lower limb disability as his knee was amputated, the Tribunal reckoned his disability only as 12.5%. It is also submitted that the Tribunal has not awarded anything towards loss of marriage prospects, disfiguration etc. and that the compensation awarded towards permanent disability is too inadequate.
3. We heard the learned counsel appearing on either side. It is seen that the amounts awarded towards pain and suffering, loss of amenities etc. are reasonable and fair. But as against the claim of appellant that he was earning a monthly income of Rs.6,000/-, the Tribunal reckoned Rs.4,000/- only as his income. But there is no dispute that he was working as a Conductor and was having a licence as well as the badge of a Driver. On account of the amputation of knee, it will be difficult for him to continue as a Conductor or to engage in the avocation of a driver. Therefore, the Tribunal ought not have reduced the disability factor from 50% to 12.5%, considering the fact that the appellant has incurred functional disability. Therefore, we are of the view that the disability has to be reckoned at 25%. Similarly we find that the monthly income claimed by him at Rs.6,000/- can be reckoned as his income for the purpose of assessing the compensation. Accordingly we modify the award reckoning his income as Rs.6,000/- per month and disability as 25%, as follows:
Going by the decision in Supei Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513], the interest shall be payable on the total compensation awarded at the rate of 9% per annum from the date of petition till payment.
Therefore, the appellant will be entitled to a total compensation of Rs.7,19,800/- (Rupees Seven lakhs nineteen thousand eight hundred only) along with interest @ 9% per annum from the date of petition. We direct the Insurance Company to deposit the entire amount within three months, less the deposit if any already made, and on such deposit being made, the claimant can withdraw the amount. The appellant shall remit the court fee for the amount awarded in excess of his claim before the Tribunal and the Tribunal need disburse the enhanced amount only thereafter.
The appeal is allowed accordingly. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge