Reasonable compensation adjustments for notional income and pain and suffering can be made based on proven evidence in motor accident claims.

J U D G M E N T

This appeal is filed at the instance of the legal heirs of one Shanthi Shaji aged 40 years, who succumbed to injuries sustained in an accident on 12.10.2017, seeking to challenge the award dated 22.10.2020 in O.P.(M.V.) No.2192 of 2017, passed by the Motor Accidents Claims Tribunal, Kottayam, (hereinafter referred to as ‘the Tribunal).

2. Heard Sri.K.A.Hashim, the learned counsel for the appellants, as well as Smt.Raji T.Bhaskar, the learned counsel for the 3^rd respondent – insurance company.

3. The only issue arising for consideration is as regards the fixation of the notional income of the deceased -

at Rs.12,500/ by the Tribunal with 25% future prospects. A perusal of the award of the Tribunal would show that the deceased was a pre primary teacher working with Sree Narayana L.P. School, Vaikaprayar P.O., Vaikom. In support of this contention, Ext.A5 certificate was produced. This Court also notices that, apart from producing the afore certificate, one Usha B., the headmistress of the school concerned, was examined as PW1. When that be so, I am of the opinion that the vocation as well as the notional income of the deceased has been proven by the claimants before the Tribunal. Therefore, I am of the opinion that the notional -

income requires to be refixed at Rs.15,000/ per month, in tune with the evidence produced before the Tribunal. To that extent, the award of the Tribunal is modified.

4. This Court also notices that, as against the claim for ‘pain and suffering’, the Tribunal awarded only an -

amount of Rs.5,000/ . The death was instantaneous. However, even in such a situation, I am of the opinion that the claimants can be granted adequate compensation under the head ‘pain and suffering’. Therefore, the award of the Tribunal is modified under that head also, holding that the claimants would be entitled for an amount of Rs.25,000/ .

5. With the afore modifications, the appellants would be entitled to the following amounts;

In the result, this appeal is disposed of, and the impugned award is modified, entitling the appellants to get an additional amount of Rs.3,94,994/ (Rupees Three Lakhs Ninety Four Thousand Nine Hundred and Ninety Four only), along with the amounts already awarded by the Tribunal, to be paid by the 3^rd respondent – Insurance Company. Needless to say, all other findings and directions of the Tribunal in the impugned award, including the rate of interest, will remain unaltered.