Court modified compensation award based on just income estimation and injury assessment.

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.162 of 2017 on the file of the Motor Accidents Claims Tribunal, Kalpetta. The respondents herein is the 3^rd respondent before the tribunal.

2. According to the appellant/claimant, on

12.09.2016, at about 8 p.m., while the claimant was travelling in an auto-rickshaw bearing Reg.No.KL-12-K-6938 through Muttil-Sulthan Bathery NH road, that was struck by another auto-rickshaw bearing Reg.No.KL-12-K-3466 driven by the 1^st respondent in a rash and negligent manner and thereby the claimant sustained serious injuries. She approached the tribunal claiming compensation ₹3,74,000/- which was limited to ₹3,00,000/- .

3. The first and second respondents being the driver and the owner of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the petitioner. The 3^rd respondent–insurer filed a written statement admitting the policy. Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,02,204/- as compensation under different heads with interest @8% per annum from the date of petition till realization with proportionate costs from respondent – insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has 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 :-

Notional income :- The learned counsel for the appellant submitted that though an amount of ₹7,000/- was claimed as the income of the appellant, the tribunal had taken only an amount of ₹6,000/-. The learned counsel for the appellant also submitted that even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236] , the income of a Coolie, for an accident that occurred in the year 2016 is fixed at ₹10,500/- and sought for enhancement of the income fixed. Following the judgment in Ramachandrappa (supra), in order to award a just and reasonable compensation, I find it appropriate to re-fix the income as ₹10,500/-

Loss of earnings :- On a perusal of the award, it is seen that the tribunal has awarded compensation for loss of earnings for a period of three months. The appellant sustained (1)swelling in right wrist and (2)deformity left wrist. Considering the nature of injuries sustained, I find that a period of four months can be taken for awarding compensation under the afore head. Since the monthly income has been re-fixed as ₹10,500/-, the compensation payable for loss of earnings is re-calculated thus ₹42,000/- (10,500x4). The tribunal has awarded an amount of ₹18,000/- under the afore head. Thus, there will be an additional amount of ₹24,000/- under the said head.

Bystander expenses / Extra nourishment :- The learned counsel for the appellant submitted that the tribunal has awarded only an amount of ₹2,000/- each under the head bystander expenses and extra nourishment. Considering the fact that the accident occurred in the year 2016, I find it appropriate to award a total amount of ₹3,000/- each. Thus, there will be an additional amount of ₹1,000/- each under the afore two heads.

Pain and sufferings :- The learned counsel for the appellant submitted that the tribunal awarded an amount of ₹15,000/- towards the head pain and suffering, which is on the lower side. Considering the injuries sustained, I am inclined to grant an additional amount of ₹15,000/- totalling to an amount of ₹30,000/- under the afore head.

Loss of amenities :- The tribunal has awarded an amount of ₹19,440/- under the head loss of amenities. Considering the age of the