JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 06.11.2015 in MCOP.No.1502 of 2013 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate at Tirupur.)

1. This appeal was originally filed by the claimant/first Appellant seeking enhancement of compensation under the impugned award dated 06.11.2015 passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Tirupur) in MCOP.No.1502 of 2013. During the pendency of this appeal, the Appellant/claimant died and his legal representatives were brought on record as Appellants 2 to 4 by this Court.

2. The Tribunal under the impugned award directed the third respondent Insurance Company to pay the first Appellant/claimant a compensation of Rs.1,76,030/- for the injuries sustained by him on 15.09.2013 as a result of an accident caused by a vehicle owned by the second respondent and insured with the third respondent. The details of the compensation awarded by the Tribunal are as follows:

3. The deceased claimant S.Jayaraman sustained head injury, fracture in neck and femur, fracture in calcaneum, fracture at left hip and multiple grievous injuries all over the body as a result of the aforementioned accident. The nature of injuries sustained by the claimant has not been disputed by the respondents before the Tribunal. The Doctor has assessed the disability of the claimant at 45% and the Tribunal has also accepted the said assessment made by the Doctor. However, the Tribunal has awarded the disability compensation of Rs.90,000/- calculated at Rs.2,000/- per percentage of disability for the 45% disability. This Court is of the considered view that if the Tribunal had taken into consideration the year of the accident which happened in the year 2013, it ought to have fixed the disability compensation at a higher sum calculated at Rs.3,000/- per percentage of disability instead of Rs.2,000/- per percentage of disability. Therefore, this court enhances the disability compensation for the claimant to Rs.1,35,000/- calculated at Rs.3,000/- per percentage of disability for the 45% disability suffered by the claimant instead of Rs.90,000/- erroneously fixed by the Tribunal.

4. The Tribunal has awarded a compensation of Rs.15,000/- towards transportation, extra nourishment and attender charges which in the considered view of this Court is not a correct assessment as the injuries sustained by the claimant is grievous in nature and hence, this court confirms the said compensation of Rs.15,000/- only in respect of transportation and extra nourishment and separately awards a compensation of Rs.10,000/- towards attender charges.

5. In the claim petition, the claimant had claimed that he was a welder, aged 48 years and earning Rs.10,000/- per month at the time of the accident. However, the Tribunal has fixed the notional monthly income of the claimant at Rs.6,000/-. This Court after giving due consideration to the avocation of the claimant as well as the year of the accident which happened in the year 2013, is of the considered view that the notional monthly income of the claimant fixed by the Tribunal at Rs.6,000/- is low and it has to be enhanced to Rs.9,000/-. Accordingly, this court enhances the notional monthly income of the claimant to Rs.9,000/-. However, the assessment of loss of income for the period of four months by the Tribunal is a correct assessment. Since the notional monthly income of the claimant is enhanced to Rs.9,000/-, the loss of income to the claimant is enhanced to Rs.36,000/- calculated at Rs.9,00