Asha, J.
The appellant is the petitioner in O.P.(MV)No.1598/2008 of the Motor Accidents Claims Tribunal, Kottayam. He met with an accident on 7.2.2008. While he was riding motor cycle bearing Reg.No.KL 5Y 4517 along the Chalkkudi-Thrissur NH 47 road and when he reached at Kodakara junction, he was hit by a TATA Tipper lorry bearing Reg.No.KL 7 AR 4577. He was immediately taken to St.James Hospital, Chalkkudy where he underwent treatment and thereafter he underwent further treatment from Medical College Hospital, Kottayam and Medical Mission Hospital, Thiruvalla. He sustained severe injuries on his leg. He sustained fracture on the left femur and fracture on the left tibial spine. Altogether he underwent treatment in these hospitals for 37 days as inpatient. The appellant filed claim petition claiming a sum of Rs. 4 lakhs as compensation. He claimed that he is a professional Artist drawing an income of Rs. 7,500/-. The Tribunal after examination of witnesses came to the conclusion that the accident occurred due to the negligence of the driver of the offending vehicle, which was covered by a valid insurance policy. Towards the income of the appellant, the Tribunal fixed a sum of Rs. 3,500/- and reckoning the multiplier of 18, as the appellant was aged 27 years, a sum of Rs. 83,160/- was found admissible towards disability. Even though the disability Board had examined him and Ext.A12 disability certificate was issued certifying 22% disability, the Tribunal reckoned it as 11% only. It was found that he was inpatient for 37 days and a sum of Rs.7,400/- was allowed towards bystander expenses. The learned counsel for the petitioner submitted that the amount awarded under various heads is thoroughly inadequate especially since the income of the appellant was reckoned only as Rs.3,500/-.
2. As the appellant was a professional Artist, we fix the monthly income of the appellant as Rs.5,000/-. The action of the Tribunal in limiting the percentage of disability to 11% does not appear to be correct. Therefore we feel that compensation under the heads of permanent disability, loss of earning power etc. are liable to be refixed. Towards bystander expenses, we find that a sum of Rs. 300/- per day will be just for 37 days. The compensation awarded under the head pain and suffering is found to be inadequate. We fix a sum of Rs.35,000/- towards pain and suffering. Therefore, we fix the following amount towards compensation under various heads.
Total Rs.4,02,009/- Rounded off to Rs.4,02,000/-
( Rupees four lakhs two thousand only)
3. The respondent Insurance Company shall deposit the balance amount after deducting the amount already deposited within three months. The Tribunal has granted interest only @ 7.5%. In the light of the decision of the Apex Court in Supedi v. National Insurance Company Ltd. ( 2009(4) SCC 513) we fix the interest @ 9% per annum.
Since it is found that the appellant has claimed a sum of Rs.4 lakhs and remitted the court fee against that amount, the appellant shall remit the court fee for the compensation awarded in excess of the claim of Rs. 4 lakhs.
T.R.RAMACHANDRAN NAIR, JUDGE sv P.V.ASHA, JUDGE