Ramachandran Nair. This appeal is filed by the claimant in a motor accident challenging the quantum of compensation granted by the Tribunal. As against the claim of Rs.11 lakhs, the Tribunal has awarded Rs.3,81,400/-.
2. The accident occurred on 19.11.2011 at about 2 p.m while the appellant was travelling on a motorcycle owned by him bearing Registration No.KL 33-B/7458, at Kumaranalloor junction in the M.C.Road, the offending vehicle namely a K.S.R.T.C bus bearing Reg.No.KL-15/7902 hit the appellant's vehicle and he fell down and he sustained serious injuries.
3. The following are the injuries sustained by him going by the details available from para.10 of the award passed by the Tribunal.
“1. Fracture 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 8th right ribs
2. Subarchanoid haemorrhage
3. Lacerated wound 2cm X 2cm on the right thigh
4. Fracture right wrist
5. Fracture radial styloid
6. Fracture femur lateral condylar
7. Chest pain
8. Adrenal haematoma
9. Dyspnoca
10. Blunt chest trauma.”
4. He was taken to the Medical College Hospital, Kottayam for treatment. Exts.A4 to A22 are the documents marked in evidence to show the period of treatment as inpatient and outpatient.
5. He was a Carpenter by profession, aged 42 years. He claimed monthly income at Rs.11,000/-. The Tribunal fixed the notional income @ Rs.5,000/- per mensem. The compensation has been awarded by the Tribunal in the following manner:
6. The learned counsel for the appellant submitted that being a Carpenter by profession, the monthly income claimed by the appellant is reasonable. The accident occurred in the year 2011. Going by the situation prevailing in the State in the said year, a skilled labourer would have been earning, on a reasonable assessment, an average of Rs.300/- to Rs.400/- per day. The difficulty for the Tribunal to accept the plea of the appellant was that he did not adduce any other evidence. In the light of the decision of the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [2011 (13) SCC 236] if the claim of monthly income is not exorbitant, even if it is not supported by documentary evidence, after considering various aspects the Tribunal and this Court can arrive at a reasonable figure. Herein we find that he was driving his own vehicle, namely a motorcycle. Therefore, it shows that he was some what financially sound by owning a motorcycle and it is an indicative of his income. In the light of the above, after considering the fact that he may not have been working every day during a month, we are of the view that Rs.7,000/- can be fixed as the reasonable amount.
7. One of the other items of head which require modification going by the plea of the learned counsel for the appellant is that the disability has been calculated at a lesser percentage by the Tribunal than that is reported by the Medical Board of the Medical College Hospital. We have perused Ext.X1, which shows that the orthopaedic whole body disability is 20.2% and the neurological disability is 15% totalling to 35.2% whereas the Tribunal reduced it to 30%. There is no justification for reducing it. The reason shown by the Tribunal is that the Tribunal had occasion to see the claimant and observed him. But that does not justify the reduction of the same unless there was a challenge about the same by the respondents and it was properly established in evidence that the assessment made by the Medical Board is faulty. Therefore, we will be justified in adopting 35.2% as the disability. It is also the contention of the learned counsel for the appellant that towards loss of enjoyment of life, a lesser amount has been granted.
8. We are of the view that the total compensation granted requires modification. We enhance the compensation granted towards loss of amenities and comforts in life to Rs.45,000/-, bystander expenses to Rs.3,300/- (Rs.300 X 11) and for loss of earning to Rs.42,000/- (Rs.7000 X 6months). The disability compensation is refixed by adopting income as Rs.7,000/- and the percentage of disability as 35.2%. Accordingly we modify the compensation in the following manner:
Therefore, the appellant is entitled for a total compensation of be Rs.5,71,500/- (Rupees Five lakhs seventy one thousand and five hundred only) which will carry interest @ 9% per annum. The Insurance Company will deposit the amount within a period of three months and on such deposit being made, the claimant can withdraw the amount.
The appeal is allowed accordingly. No costs.
rtr/ Sd/-
T.R.RAMACHANDRAN NAIR Judge Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge