Point of Law: Motor Accident - Injuries - Enhancement of compensation - Tribunals and also the Medical Board should be careful in ensuring that the disability assessed is of the loss of earning power and not based on any other circulars or notifications, totally unconnected with the disability assessment.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. The appellant, a 35 year old man, suffered an injury in a motor vehicle accident, which occurred in the year 2008. The appellant's claim is for enhancement of compensation.

2. The learned counsel for the appellant submits that there were two assessments made by the District Medical Board and also the State Medical Board. The Tribunal adopted that of the State Medical Board.

3. The learned Standing Counsel for the Insurance Company submits that the State Medical Board's opinion was sought specifically for the reason of the objection raised by the Insurance Company. Hence, the appellant was referred to the State Medical Board and the assessment was made at 7%.

4. This Court has to notice that many a time, when assessment is made by a Medical Board, it is based on some notification or circular, which deals with disability assessment for employment or for transport concession and so on and so forth. In fact, when assessment of disability is sought for before a Medical Board for the purpose of claiming compensation under the Motor Vehicle's Act, the disability to be assessed is of the disability occasioned in the earning power, that too not necessarily in the declared avocation but by general standards. The Tribunals and also the Medical Board should be careful in ensuring that the disability assessed is of the loss of earning power and not based on any other circulars or notifications, totally unconnected with the disability assessment with regard to a motor accident claim.

5. As far as the present case is concerned, the Tribunal adopted Rs. 4,000/- as notional income. Going by Ramachandrappa vs. Manager, Royal Sundaram Alliance Insurance Company Ltd. (2011) 13 SCC 236, the Hon'ble Supreme Court fixed the notional income of a coolie as Rs. 6,500/- in the year 2008. The only enhancement possible is under the notional income. Enhancement is made as per the tabulation below:

S. No. Head of Claim Amount awarded by the Tribunal (Rs.) Total amount after enhancement in appeal (Rs.)

1. Loss of earning (Total) 24,000 6,500 x 6 = 39,000

2. Loss of earning (Partial) Nil Nil

3. Medical, miscellaneous and bystander expenses 1,35,000 1,35,000

4. Future treatment Nil Nil

5. Bystander expenses Nil Nil

6. Transportation expenses 5,000 5,000

7. Extra nourishment 2,000 2,000

8. Damage to clothing, etc. 500 500

9. Pain and suffering 30,000 30,000

10. Loss of dependency Nil Nil

11. Loss of consortium Nil Nil

12. Loss of love and affection Nil Nil

13. Loss of estate Nil Nil

14. Compensation towards permanent disability and loss of earning power 50,400 6,500 x 12 x 16 x 7% = 87,360

15. Compensation for loss of amenities 10,000 10,000

16. Any other heads: Loss of earning power Nil Nil

Funeral expenses Nil Nil

Disfiguration 5,000 5,000

Total 2,61,900 3,13,860

Amount enhanced: Rs. 3,13,860/- - Rs. 2,61,900 = Rs. 51,960/-

6. The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amounts at the rate of 5% from the date of petition. Since there was a delay of 134 days in filing the appeal, interest for the enhanced quantum would not run for the said period. If any amounts have already been paid, the same shall be granted set off. The claimants shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode within a period of one month thereafter. If the Bank account is not given within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.

7. The appeal is allowed to