The appellant sustained injuries in a motor accident. Respondents 1 to 3 were the driver, the owner and the insurer respectively. The Tribunal accepted the appellant's case that the accident happened owing to the negligence of the first respondent. It fixed the compensation at Rs.37,650/- and directed the third respondent to pay it. The appellant is not satisfied with the amount. Hence the appeal. 2. The appellant sustained the following injuries: fracture of the right malleolus, multiple abrasions on the forehead and foot. He was aged 42 years. He was treated as an inpatient for 12 days.
3. The amounts awarded under the heads transport to hospital, extra nourishment, damage to clothes, bystander's expenses, medical expenses and loss of amenities appear to be reasonable.
4. The appellant did not adduce any evidence to prove his occupation or income. The Tribunal fixed the income at Rs.2,500/- per month. The accident happened in 2004. It appears that Rs.3,000/- may be fixed as his monthly income. So under the head loss of earnings he will get Rs.3000 x 3 = Rs.9,000/-. There is an increase of Rs.1,500/- under this head. For pain and suffering the amount awarded by the Tribunal is Rs.10,000/-. It is fixed at Rs.12,000/-. The Tribunal found that the appellant has a disability of 2%. The multiplier adopted is 15. This is wrong. The multiplier is 14 only. So under the head permanent disability he will get Rs.3000 x 12 x 14 x 2/100 = Rs.10,080/-. The amount awarded by the Tribunal is Rs.9,000/-. So the appellant will get an excess Rs.1,080/- under this head.
5. The total amount enhanced by this court is Rs.4,580/-. It is fixed at Rs.5,000/- (Rupees five thousand only).
In the result, this appeal is allowed in part. The appellant is allowed to recover Rs.5,000/- (Rupees five thousand only) in addition to the amount awarded by the Tribunal with interest at the rate mentioned in the award.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/