Asha, J. The claimant in O.P.(MV) No.404/2011 on the file of the Motor Accidents Claims Tribunal, Wayanad has filed this appeal claiming enhancement of compensation. The appellant met with an accident on 25.12.2010 when the jeep in which he was travelling hit against a tree standing on the side of the road. He was taken to Vinayaka Hospital, Bathery and thereafter referred to Medical College Hospital, Kozhikode on account of the injuries sustained. He was discharged from the hospital on 5.1.2011. Claim petition was filed seeking compensation to the tune of Rs.3,63,000/-. The Tribunal passed an award granting a total compensation of Rs.1,22,644/- along with interest at 7.5% per annum under various heads which are as follows:
The appellant is claiming enhancement on the ground that the income reckoned for assessing the compensation is too low and that the amounts awarded under various heads are also inadequate.
2. The appellant claimed that he was earning a sum of Rs.7,000/- per month. The Tribunal reckoned the monthly income only @ Rs.3,500/- . The accident occurred on 25.12.2010. Considering the wage structure prevailing at the relevant time, we find it just and proper to take the monthly income of the appellant as Rs.5,000/-. Similarly, the compensation awarded under the heads like bystander's expenses, pain and suffering, permanent disability and loss of amenities, etc. are also found to be too low and hence we find it necessary to enhance the same. Accordingly, the award is modified as follows:
The Tribunal has granted interest only at the rate of 7.5%. The same also is enhanced to 9%, in the light of various judgments of Apex Court.
3. Therefore, the insurance company is directed to deposit the entire amount along with interest at 9% per annum from the date of petition till realisation, less the amount already deposited, within three months. The appeal is allowed accordingly. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/