Thottathil B.Radhakrishnan, J.
1. This appeal is by the claimant in O.P.(M.V)No.387 of 2004 of the Motor Accidents Claims Tribunal, Pala. He was injured in a road traffic accident on 2.12.2003. The material evidences on record clearly indicate that he had suffered extensive injuries and had ultimately gone out of service of Federal Bank by availing VRS and continues to be under treatment for different neurological deficits as well. The Medical Board certified 45% disability, including neurological disability. The Tribunal had refused to grant him amounts that he had proved to have paid for treatment with the Ayuvedic system on the premise that he had not shown essentiality to get such medical assistance. He had lost leave which he could have encashed at the time of retirement. There is also dispute relating to amounts determined to be the relevant components for evaluating the loss of earning power. Pain and suffering, continuous bystander need, loss of amenities, projected future, expenditure for medical treatment etc. also are apparently relevant factors. The Tribunal had also determined the loss of earning capacity by taking Rs.2,000/- as the total monthly future income. That appears to be quite unreasonable. We think, that amount should have been at least Rs.5,000/-, though the multiplier to be adopted would have been different. The amounts awarded towards transportation, extra nourishment, bystander expenses, loss of amenities, damages to cloths etc. are too meagre. With all these matters on board, after making submissions on the matter for quite some time, the learned counsel for the appellant as duly authorized by his client and the learned counsel assisting the learned senior counsel appearing on behalf of the insurer as duly authorized by that company, have rightly pointed out that it would be just and reasonable to fix the enhancement to be at Rs.4,75,000/- (Rupees four lakhs and seventy five thousand only), if the insurer were to pay that amount to the appellant within a period of two months from today.
2. Weighing the entire pleadings and materials, we are of the view that the said compensation is just and reasonable and the suggestion is only to be accepted.
In the result, this appeal is allowed, awarding an additional amount of Rs.4,75,000/- (Rupees four lakhs and seventy five thousand only) payable by the 3rd respondent insurer to the appellant within a period of two months from today. If such payment is not made in time, this amount will carry 9% interest per annum from the date of the claim petition and the appellate award can be accordingly executed. Appeal allowed in part.
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(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG