Ramachandran Nair, J.
This appeal is filed by the claimant aggrieved by the award in OP (MV) No.1414 of 2005.
2. The accident occurred on 9.4.2005 at about 8.45 p.m., while he was standing on the eastern side of the road near Purakkad Muslim Palli holding his bicycle, a car bearing registration No.KL.04.R.6800 driven by the first respondent hit him and his bicycle. He sustained very serious injuries and his bicycle was also damaged. He was taken to the Medical College Hospital, Alappuzha. A total amount of `1,80,000/- was claimed by him, out of which, the Tribunal has awarded a total amount of `78,723/- as compensation.
3. We have heard the learned counsel appearing for the appellant and the learned Standing Counsel appearing for the Insurance Company. The appellant was examined as PW1 and Exts.A1 to A9 were marked. No evidence was adduced from the side of the respondents.
4. The Tribunal found negligence on the part of the first respondent. The police has registered a crime against him for offences punishable under Sections 279, 337 and 338 of IPC and Exts.A1 to A4 are the documents concerning the criminal case.
5. Ext.A5 is the copy of the wound certificate, which shows he sustained the following injuries :-
(i) Fracture right side III, IV, V and VI ribs
(ii) Fracture and dislocation right acromio clavicular joint
(iii) Lacerated injury left parietal region
(iv) Abrasion right ankle
(v) Lacerated injury right shoulder Ext.A6 is the discharge card from the Medical College Hospital, Alappuzha, which shows that he was admitted on 9.4.2005 and discharged on 21.4.2005. Ext.A7 series are the medical bills to the tune of `3162.79/-. Ext.A8 series are the bills showing transportation expenses of `1,800/-.
6. The major controversy is with regard to the non- acceptance of the percentage of disability reflected in Ext.A9 disability certificate issued from the Medical College Hospital, Alappuzha. Even though 14% is shown as the disability, the Tribunal has accepted only 10%.
7. Learned counsel for the appellant is right in submitting that the disability certificate issued by the medical board ought to have been accepted and we find much force in the same.
8. The appellant claimed that he was conducting a hotel and a tea shop and earning `6,000/- per month. On the ground that no document has been produced to prove the income, the Tribunal has fixed it only at `3,000/-. After giving 15% increase for future increase in wages, the amount arrived at is `3,450/-. We are of the view that on a reasonable manner by considering the year of accident also, a sum of `4,500/- ought to have been taken by the Tribunal and we adopt the same. It cannot be excessive for a person conducting a hotel and tea shop.
9. The multiplier adopted is 9, which is in tune with the age of the applicant. The Tribunal has fixed the compensation in the following manner :-
In the light of the injuries sustained and the disability, learned counsel submits that some more amount may be granted towards loss of amenities in life.
10. Thus, we refix the compensation in the following manner :-
Thus, the appellant is entitled for a total compensation of `1,19,000/- (Rupees One Lakh Nineteen Thousand only). The same will carry interest at the rate of 9% per annum from the date of petition till realisation in the light of the decisions of the Apex Court. There shall be a direction to the insurance company to deposit the amount within a period of three months from date of receipt of a certified copy of the judgment less the amount already deposited before the Tribunal. The court fee, if not collected already, will also be collected by the Tribunal before disbursing the amount.
The appeal is allowed accordingly. No costs.
Sd/-
T. R. RAMACHANDRAN NAIR, JUDGE.
Sd/- P.V.ASHA, JUDGE.
//True copy// P.A. To Judge Jvt