JUDGMENT

(Dated this the 26th day of October 2022)

The appellant is the petitioner in O.P. (M.V) No.544 of 2011 on the files of Additional MACT, Ernakulam.

2. The brief facts of the case is as follows:-On

19.9.2010 at about 8.15 p.m., the appellant was riding a motor cycle bearing registration No.KL-17/A-1362 with his friends as a pillion rider from west to east through Kochi – Maradu N.H. Road and when the motor cycle reached near Sub Station, Puthuppanam the offending pick up van bearing registration number KL-38-A – 3186 driven by the first respondent came in a rash and negligent manner in the opposite direction and hit the appellant and thereby, he sustained serious injuries. Immediately after the accident, the appellant was taken to M.O.S.C. Medical college, Kolenchery and treated there as inpatient. The accident happened due to the negligence on the part of the first respondent, who was the owner cum driver of the offending vehicle. The 2nd respondent is the insurer of the offending pick up van.

3. The 2nd respondent filed a written statement admitting the insurance policy of the offending vehicle and also the factum of the accident. It was contended that the accident happened due to the negligent riding of the motor cycle bearing registration number KL.17/A/1362 and disputed the injuries sustained. The amount claimed on the various heads are exorbitant and prayed for dismissal of the O.P.

4. The Tribunal allowed a compensation of Rs.3,88,067/- with interest at the rate of 8% per annum from 7.4.2011. Aggrieved by the compensation awarded under various heads, this appeal is filed.

5. According to the learned counsel for the appellant the appellant was aged 31 years and an Agriculturist, earning an amount of Rs.7,500/-. But the Tribunal, without any reason, has taken the income at Rs.4,000/- for calculating the compensation for loss of permanent disability. As per Ext.X2, the Medical Board has certified that the appellant has a disability of 20%. Since the appellant is aged 31 years, the multiplier to be adopted is 16. In the absence of any evidence to prove the income, the Tribunal was justified in not accepting the same. At the same time, relying on the decision reported in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], the income for a coolie, who met with an accident in the year 2010, can be taken as Rs.7,500/-. Hence, the income of the appellant is taken as Rs.7,500/- for calculating the compensation for loss of disability. Thus, the calculation will be 7500x12x16x20/100 = 2,88,000. Less the amount awarded by the Tribunal under the head.

6. With regard to the loss of earnings, the Tribunal has awarded the same taking the monthly income as Rs.4,000/- When the salary is fixed as Rs.7,500/-, loss of earning will come to Rs.30,000/-.

The compensation awarded by the Tribunal under all other heads are found to be just and reasonable and hence, not interfered with.

The following enhancements are made to the Award:

Sl.\nNo.	Head of Claim	Amt. Awarded\nby Tribunal\n(Rs.)	Amt. Enhanced\nin appeal (Rs.)
1	Loss of disability	1,53,600	2,88,000
2	Loss of earnings	16,000	30,000
		1,69,600	3,18,000
	Amount enhanced ..Rs.3,18,000–Rs.1,69,600 =Rs.1,48,400/-

In the result, the appeal is allowed and the appellants are entitled to for an amount of Rs.1,48,400/- (Rupees one lakh forty eight thousand and four hundred only) with interest at the rate of 8% per annum from 7.4.2011 till realisation. All other findings entered by the Tribunal are confirmed. 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 furnished within the time stipulate

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