HARUN-UL-RASHID, J. The claimant is the appellant. The appeal is directed against the judgment and decree dated 23rd March, 2001 in O.P.(M.V.)No.437 of 2010 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The petitioner/claimant sustained injuries due to motor vehicle accident took place on 28/11/2009. The accident happened while he was travelling in an autorickshaw. It is alleged that the first respondent was the driver of the autorickshaw. It is also alleged that he drove the vehicle in a rash and negligent manner that, when it reached near a place Kallippara, it was capsized. As a result the claimant sustained serious injuries. He was admitted to the Lisa Hospital, Thiruvampadi. He was referred to the Medical College Hospital, Kozhikode. He was also admitted and treated in the MIMS Hospital, Kozhikode. The claimant was treated as inpatient for 35 days. The Tribunal allowed the claimant to realize a sum of ₹1,57,652/- which includes treatment expenses ₹95,252/-. The claimant is aggrieved by the quantum of compensation awarded. The claimant produced Exts.A1 to A5 documents.
2. Due to the accident the claimant’s left thump was amputated. The Tribunal observed that on perusal of Exts.A1 to A5 series, it was convinced that he had sustained such serious injuries due to the accident. The percentage of the permanent partial disability is assessed as 30% as per the Workmens’ Compensation Act. The Tribunal found that his permanent partial disabilities to the tune of 30% affected his earning capacity. The petitioner is an agriculturist. According to him, he is earning a monthly income of ₹6,000/-. In the absence of documents proving his income, the Tribunal fixed notional income of ₹2,000/- per month. The accident took place on 28/11/2009. Considering the fact that he is an agriculturist and the year of accident 2009, we think that ₹2,000/- fixed as notional income is too low and inadequate. We therefore re-fix the notional income as ₹4,000/- per month. The compensation amount fixed under the head permanent disability is ₹36,000/-. Assessing the income as ₹4,000/- and applying the same multiplier 5, the claimant is entitled to additional compensation of ₹36,000/-. For loss of earnings for three months only ₹6,000/- awarded as per the Tribunal order. We re-fix the monthly income as ₹4,000/-. Therefore the claimant is entitled to additional compensation of ₹6,000/- under the head ‘loss of earning’. Thus, the petitioner is entitled to a total compensation of ₹42,000/- with interest.
The appeal is partly allowed. The judgment and decree under appeal is modified. The appellant/claimant is allowed to realize an additional sum of ₹42,000/- together with interest @7% per annum from the date of petition till realization. The Insurance Company shall deposit the amount within a period of two months.
HARUN-UL-RASHID, JUDGE skj ANIL K.NARENDRAN, JUDGE True copy P.A to Judge