Ramachandran Nair, J.
The appellant herein, filed an application for compensation before the Motor Accidents Claims Tribunal claiming a total amount of `3,50,000/- by way of compensation for the personal injuries sustained by him in an accident which occurred on2/8/2005 at about 2.30 p.m. While the appellant was travelling in a scooter bearing Reg.No.KL-02- 6497, the offending vehicle, an Ambassador car bearing Reg.No.KL- 02-4226 came in the direction opposite to him and hit the scooter.
2. The learned counsel for the appellant at the outset submitted that even though the appellant was a driver, the Tribunal has assessed the monthly income only at `3,000/- notionally as against the claim of `6,000/-. It is submitted that he was inpatient for a period of 34 days and the partial loss of earning has been granted only for a period of four months, even though in the certificate it is mentioned that he will have to take rest atleast for a period of six months. It is also stated that the compensation awarded towards pain and suffering, loss of amenities of life and other factors is also less than the quantum that can be allowed. Going by the pleadings of the appellant, he was aged 29 and the multiplier adopted is 17.
3. The first question is whether the monthly income arrived at by the Tribunal requires any modification. What is claimed is that he was having a temporary employment with monthly income at `6,000/- in Pearless. The appellant has produced Ext.10 driving licence. It shows that he was qualified to drive a motor vehicle. Even though he has claimed `6,000/-, the nature of employment is shown as temporary. It will not be proper for this Court to consider that he was having regular employment with additions in the pay structure. But still, even though evidence is wanting as regards the details of the temporary employment, we will be justified in accepting an amount of `5,000/- as the monthly income for occupation as driver since the accident occurred in the year 2005.
4. The Tribunal has fixed compensation in the following manner :
5. We are of the view that since the monthly income is @ `5,000/- and in the light of the certificate issued by the Doctor stating that he will be having 100% temporary disability for 12 weeks , 50% for 3 more months, he will be entitled for partial loss of earnings for six months. As far as the expenses towards bystander, the Tribunal has granted @ `75/- per day which we modify to `200/- per day. It is seen that he was in the hospital for a period of 35 days. He had sustained the following injuries :
1. Fracture rt. Femur
2. Compound fracture with comminution left lower end of radius
3. Complete cut of all flexor tendons.
4. Median nerve injury left at the level of wrist.
6. Apart from the injury to the femur, he had sustained injury to the left wrist which had resulted in difficulties in rotation of wrist as well as neuralgic pain. All these would have resulted in physical pain and mental agony. Therefore, we grant an amount of `35,000/- towards pain and suffering. As far as the disability factor is concerned, 10% is the disability assessed and by taking the income as `5,000/- per month, the compensation towards permanent disability will be `102000/- ( 5000 x 12 x 17 x 10%). Therefore the total compensation will be as follows :
7. The amount will carry interest @ 9% per annum from the date of petition. The Insurance Company will deposit the amount before the Tribunal less the amount already deposited, if any, within a period of three months from the date of receipt of a copy of this judgment.
The appeal is accordingly allowed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv