JUDGMENT:

P.P. NAOLEKAR, J. -- Leave granted.

2. The first appellant met with a motor accident and as a result thereof he was paralysed due to head injury. It was found by the Motor Accident Claims Tribunal that he was having 100% disability and that he was an agriculturist having five acres of land. The Tribunal on assessment of the evidence led by the parties fixed a sum of Rs.10,000/- as yearly income from agriculture and taking into consideration the age of the appellant, multiplier of 13 was applied and was awarded an amount of Rs.1,30,000/- towards loss of earning capacity; Rs. 20,000/- towards the pain and suffering suffered by him; Rs. 3,000/- towards the cost of hospitalization; and Rs.50,000/- towards continued loss of amenities, totalling to a compensation of Rs. 2,03,000/-.

3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant approached the High Court of Kerala. The High Court partly allowed the appeal and modified the award. The High Court was of the view that the income of the appellant should have been assessed on the basis of notional income of a non- earning person as fixed in th