Compensation for permanent disability must reflect updated income metrics and consider the severity of injuries when determining adequate amounts for pain and suffering.

JUDGMENT

Dated this the 25th day of March, 2021 This appeal is filed by the petitioner in O.P.

(MV).No.1140/2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. The claim petition was filed by him seeking compensation for the injuries sustained on account of the accident occurred on 28.08.2012. According to him he was a carpenter aged 43 years with a monthly income of Rs.20,000/-. It was contended that on account of the injuries, he sustained permanent disablement, which affected his earning capacity. As compensation, he claimed a amount of Rs.1,50,000/-.

2. The 2nd respondent Insurance Company alone contested the case. They filed written statement admitting the coverage of policy in respect of the vehicle involved, but disputed the liability on various grounds. Quantum of compensation sought for by the appellant was also seriously disputed. the evidence in this case consists of Exts.A1 to A11 and oral evidence of PW1, from the side of the petitioner. The Insurance certificate was produced as Ext.B1 from the side of the respondents. After the trial, the Tribunal passed an award allowing a total compensation of Rs.45,385/-. The 2nd respondent was directed to deposit the said amount along with interest at the rate of 8% per annum. Being dissatisfied with the compensation this appeal is filed. During the pendency of this appeal, upon the application submitted by the appellant, the petitioner was referred to Medical Board for examining the extent of physical disability suffered by him. After examination, the Medical Board made available a medical certificate, wherein the percentage of disability of the appellant is certified as 4%.

3. It was contended by the learned counsel for the appellant that, in the light of the disability certificate issued by the Medical Board, he is entitled for compensation for permanent disability. It was denied by the Tribunal while assessing the quantum of compensation. Apart from the above, the learned counsel for the appellant further contended that the monthly income taken by the Tribunal is only Rs.6,000/-, which is on lower side. According to him, he is entitled for enhancement of compensation by taking the monthly income as claimed by him in the claim petition. In this regard, it is to be noted that the Tribunal refused to accept Ext.A9 certificate produced by the appellant to substantiate the salary on the ground that the said certificate is not proved by examining the employer who issued the same. It is true that, since the said document is issued by a private firm, in the absence of examination of the person who issued the same, it may not be appropriate to accept the same as such. However, in this regard, it is to be noted that in the judgment rendered by the Hon'ble Supreme Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd [ (2011) 13 SCC 236 ], even in respect of a coolie, the monthly income taken by the Tribunal was Rs.4,500/- in the year 2004. Since in this case, the accident occurred in the year 2012, said criteria can be adopted for revision of the monthly income, taking note of the fact that this accident occurred after eight years of the above judgment. It is well settled that for computing compensation, the monthly income can be fixed as Rs.4,500/- for the year 2004 and for subsequent years, Rs.500/- per year can be added. While applying the aforesaid principles in this case, as the accident occurred in the year 2012, monthly income can be reasonably taken as Rs.8,500/-. In the facts and circumstances of the case Rs.8,500/- is reasonable and it is fixed as such. It is evident from the records that the appellant was aged 43 at the time of accident and therefore, the multiplier applicable is 14. Thus, while computing the compensation for permanent disability, it comes to Rs.57,120/- (8500 x 12 x 14 x 4%).

4. The learned counsel for the appellant further pointed out that the amount awarded towards loss of amenities is only Rs.10,000/- and the am