Asha, J.
This appeal has been filed by the claimant in OP (MV) No.826 of 2009 on the file of Motor Accidents Claims Tribunal, Kollam seeking enhancement in the compensation awarded by the Tribunal.
2. The appellant sustained severe injuries on account of a motor accident occurred on 9.9.2008 while he was travelling in a motor cycle, which was hit by a car. He was working as a carpenter and was aged 23 years at the time of the accident. He filed a claim petition before MACT, Kollam seeking compensation to the tune of `3,05,000/-. The Tribunal awarded a sum of `2,04,000/- as compensation under various heads. The appellant has filed this appeal complaining that the amount awarded under various heads are thoroughly inadequate.
3. We have heard the learned counsel appearing for the appellant as well as the Insurance Company.
4. The Tribunal has reckoned his income as `4,000/- as against his claim of `5,000/- per month. In the light of the judgment of the Apex Court in Syed Sadiq and others v. Divisional Manager, United India Ins. Co. [AIR 2014 SC 1052], even persons employed in unauthorised sector are considered to be earning an income of `4,500/- per month in respect of accident occurred in the year 2004. Therefore, we fix the income as `5,000/- per month and refix the compensation towards loss of earning as well as compensation for continuing permanent disability.
5. The appellant sustained the following injuries as seen from paragraph 13 of the award :-
(i) Lacerated wound over the right eye
(ii) Ecchymosis present
(iii) Nasal bleeding present
(iv) Abrasion over the lower part of abdomen
(v) Multiple abrasion over the body
6. The appellant was aged only 23 years at the time of the accident and he has incurred serious injuries in his eyes, which resulted in double vision. Considering all the above aspects, necessarily, a sum of `20,000/- can be awarded towards loss of amenities in life as well as towards diminution of his marriage prospects. We also find it necessary to enhance the rate of bystander expense from `125/- to `200/- per day and hence a sum of `2,200/- will be the amount under that head. Accordingly, we modify the award as follows :-
Thus, the appellant will be entitled to get the compensation enhanced to `2,46,160/- (Rupees Two Lakhs Forty Six Thousand One Hundred and Sixty Only), which will carry 9% interest per annum from the date of petition till realisation. We direct the Insurance Company to deposit the said amount within a period of three months from today, less the amount already deposited.
The appeal is allowed as above. No costs.
Sd/-
T. R. RAMACHANDRAN NAIR, JUDGE.
Sd/- P.V.ASHA, JUDGE.
//True copy// P.A. To Judge Jvt