Determining compensation in motor accident claims requires evaluating the claimant's losses and applying established legal standards to ascertain just compensation.

JUDGMENT

This appeal has been filed by the claimant in OP(MV)

No.1153 of 2009 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein are the respondents before the Tribunal.

2. According to the appellant, on 11.02.2009, while the petitioner was riding a motorcycle bearing Reg.No.KL- 8/T 5950 through Choondal-Guruvayur Railway Station public road, another motorcycle bearing Reg.No.KL- 46/5632, driven by the 2nd respondent, in a rash and negligent manner came from east to west and hit the petitioner’s motorcycle, whereby he sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of ₹4,00,000/-.

3. Before the tribunal, respondent No.1 and 2 remained ex parte. R3, the insurer filed a written statement admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A15 were marked on the side of the appellants/claimants. Ext.B1, policy was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹61,700/- as compensation under different heads against the 3rd respondent, being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal.

4. Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurance company.

5. The learned counsel for the appellant claims enhancement mainly under the following heads:

I. Notional Income The learned counsel for the appellant submitted that though an amount of Rs.6,000/- was claimed, the tribunal has taken only an amount of Rs.3,500/- per month as his income, which is on the lower side. The learned counsel for the appellant further submitted that even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], the income ought to have been taken as ₹7,000/-, since the accident was occurred in the year 2009. It is true that he had claimed only an amount of Rs.6,000/- as his monthly income. In order to award just and reasonable compensation, by following the judgment of Ramachandrappa (supra), I find it appropriate to refix the monthly income at Rs.7,000/-

II. Loss of earnings The learned counsel for the appellant submitted that the appellant, a swimming coach, sustained serious injuries due to the accident, and he could not go for work for six months. He relied on Ext.A14 salary certificate. However, the tribunal after considering the documents on record took only a period of three months for awarding compensation towards loss of earnings. Considering A14 salary certificate and the extent of injuries sustained, I find that a period of six months can be taken for awarding compensation under the said head which would be just and reasonable. Thus the total compensation payable under the head is 42,000/-. The Tribunal has already given an amount of Rs.10,500/-. There will be an additional amount of Rs.31,500/- under the said head.

III. Pain and suffering:

The learned counsel for the appellant submitted that though an amount of ₹30,000/- was claimed towards the head pain and sufferings, only an amount of ₹15,000/- was awarded by the tribunal. Following are the injuries sustained by the appellant:

“Hemorrhagic contusion on the left temporal lobe of the head and there was an undisplaced fracture on the left temporal bone. X-ray taken on the left forearm confirmed