JUDGMENT

The petitioner in O.P(MV) No.706 of 2007 on the file of Principal MACT, Kozhikode is the appellant.

2. On 13.10.2006 at about 7 p.m. while the petitioner was walking through the Balussery-Kozhikode road and when he reached the fish market a motorcycle bearing registration No.KL- 11-A-4909 driven by the 1st respondent in a rash and negligent manner hit him and he has sustained serious injuries. He was immediately taken to Medical College Hospital, Kozhikode and treated there. The 1st respondent is the owner cum driver and the 2nd respondent is the insurer of the said motorcycle. Petitioner claimed Rs.6,00,000/- as compensation for the injuries sustained.

3. The 2nd respondent filed written statement contending that the accident took place due to the contributory negligence of the petitioner as well as the rider of the motor cycle. The compensation claimed is highly exorbitant and hence prayed for dismissal of the petition.

4. The Tribunal after appreciation the facts and circumstances of the case and relying on Exts.A1 to A9 as well as C1, awarded the compensation of Rs.2,33,095/- with interest @

7% per annum from the date of the petition till realization. It is aggrieved by the said award, this appeal is filed.

5. Heard.

6. The main contention raised by the counsel for the petitioner is that the petitioner was a mason cum supervisor and was earning an income of Rs.10,000/- per month. But the Tribunal has taken the income as Rs.3,000/- only. Ext.A9 was produced to prove the income but the Tribunal rejected it stating that it is not a genuine certificate. Going through the decision reported in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] the notional income to be taken is Rs.5,500/- for an accident which happened in the year 2006. The petitioner was examined by the Medical Board and his disability certificate was produced which shows that the percentage of permanent disability is 50%. Since the injuries are of serious nature and disability is 50%, I am inclined to take future prospects also in computing the compensation for permanent disability. Since the petitioner was aged 40 and self employed, 25% is taken as future prospects. The multiplier to be adopted is 15, which has been rightly taken by the Tribunal. Hence the compensation for disability can be calculated as 6875 [ ie., 5,500+25%] x 12 x 15 x 50/100 = 6,18,750/-. Since the income is taken as Rs.5,500/-, for loss of earning for six months, the same would be 5,500 x 6 = 33,000/-.

7. As far as the pain and suffering is concerned, though he claimed Rs.50,000, only Rs.15,000/- was awarded. Taking into note the injuries sustained, I am enhancing the same by Rs. 20,000/- more. The disability certificate shows that he is blind in the right eye due to the accident so definitely he would need a bystander for some time to assist him to his daily needs. Hence for bystander expenses, at the rate of 100 Rupees for 60 days, would come to Rs.6,000/-. For extra nourishment also an amount of Rs.10,000/- is awarded.

8. Accordingly, the following enhancements are made to the award passed by the Tribunal:

Sl.\nNo.	Head of Claim	Amt. Awarded by\nTribunal (Rs.)	Amt. Enhanced\nin appeal (Rs.)
1	Compensation \nfor\n permanent\ndisability	2,70,000/-	6,18,750/-
2.	Loss of earning	18,000/-	33,000/-
3.	Pain and suffering	15,000/-	35,000/-
4.	Bystanders expenses	2,800/-	6,000/-
5.	Extra nourishment	1,000/-	10,000/-
	Total	3,06,800/-	7,02,750/-
	Amount enhanced - 7,02,750 - 3,06,800 = Rs.3,95,950/-

9. In the result, the appeal is allowed and the appellant is entitled to an amount of Rs. 3,95,950/- as enhanced compensation with interest at the rate of 7% from the date of petition till realization. If any amounts have already been paid, the same shall be granted set off. The claimant shall produce the details of the Bank Account before the Insurance Company/Tribunal within one month from the date of receipt of a certified

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