Asha, J. The appellant is the injured in a motor vehicle accident which occurred on 19/12/2009 while he was riding on a motor cycle which was hit by a car. He sustained serious injuries and was admitted in Santhi Hospital, Omassery. He was discharged on 23.12.2009. The claim petition was filed seeking compensation to the tune of ` 3 lakhs.
2. The appellant seeks enhancement of compensation alleging that the amount awarded on various heads are thoroughly inadequate.
3. We heard the learned counsel appearing on either side.
4. It is seen that he was working as a labourer. His claim was that he was earning ` 9,500/- per month and was aged 33 at the time of the accident. The Tribunal assessed the compensation reckoning a sum of ` 3,500/- as monthly income. The multiplier adopted by the Tribunal is 17 instead of 16 as per the judgment in Sarla Varma v.
Delhi Transport Corporation ( 2010 (2 ) KLT 802 (SC). It is seen from the wound certificate that he sustained fracture on his leg. Being a labourer on account of the fracture on his legs, it is quite natural that he would have been unable to undertake any work atleast for a period of one month. The learned counsel for the appellant submits that nothing is awarded towards loss of earnings. In view of the fact that the appellant was a labourer, in accordance with the judgment reported in Ramachandrappa v. Royal Sundaram Alliance Insurance Co.
Ltd. ( 2011(13) SCC 236 a sum of ` 4,500/- is admissible as wages for a person who is engaged in unorganized sector. We therefore fix a sum of ` 4,500/- as his monthly income and assess the compensation towards continuing permanent disability accordingly. Similarly a sum of ` 4,500/- is awarded towards loss of earnings for a period of one month. In addition to the amount granted by the Tribunal under various heads, we find it necessary to enhance the amount under loss of amenities to `15,000/-. Similarly towards bystanders expenses, only a sum of ` 600/- is awarded @ `150/- per day and we enhance the same to ` 800/- @ ` 200/- per day.
5. Thus the appellant will be entitled to compensation as follows :
6. The amount will carry interest @ 9% per annum from the date of petition. The Insurance Company will deposit the amount less the amount already deposited within three months from the date of receipt of a copy of this judgment.
The appeal is accordingly allowed.
T.R.RAMACHANDRAN NAIR, JUDGE
sv P.V.ASHA, JUDGE sv.