Re-evaluation of notional income and compensation due to inadequacy of initial assessment and evidence.

JUDGMENT

The claimant in O.P.(MV) No.1851 of 2015 before the Motor Accidents Claims Tribunal, Kottayam, is the appellant in this appeal, seeking to challenge the award dated 20.01.2020.

2. I have heard Sri.K.A.Hashim, the learned counsel for the appellant, and Smt.K.S.Shanti, the learned counsel for the respondent Insurance Company.

3. The claimant had pointed out that he was earning an amount of Rs.18,000/- per month by virtue of his employment in a Resort and Spa, as a Manager. However, admittedly, apart from his degree certificate, no other evidence in support of the income or vocation has been produced by the claimant. It is on that basis that the notional income came to be fixed at Rs.8,000/- per month by the Tribunal. However, with reference to the principles laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], for an accident that happened in the year 2015, the notional income requires to be re-fixed at Rs.10,000/-. Apart from this, this Court notices that the petitioner is a graduate, as evidenced by Ext.A7 degree certificate. Therefore, some escalation requires to be effected, with reference to the notional income as regards the contentions raised by the claimant in the claim petition. Therefore, the notional income of the claimant is re-fixed at Rs.10,500/- per month.

4. Again, loss of earnings has been awarded by the Tribunal for a period of six months. But with reference to the nature of the injuries as noticed in paragraph 9 of the award, with reference to the wound certificate and the discharge summary, I am of the opinion that the afore compensation requires to be granted for a period of eight months. Furthermore, towards compensation under the head "pain and suffering," only an amount of Rs.50,000/- is awarded by the Tribunal. But with reference to the nature of the injuries as well as the enhancement ordered under the head “loss of earnings", the compensation under pain and suffering also requires to be enhanced to Rs.75,000/-.

5. In the light of the escalation granted under the head “pain and suffering" and "loss of earnings", the compensation under the head "loss of amenities" is also enhanced to Rs.50,000/-.

6. In such circumstances, the appellant would be entitled for the following amounts:

In the result, this appeal is partly allowed, by modifying the impugned award, entitling the appellant to get an additional amount of Rs.1,18,000/- (Rupees One Lakh and Eighteen Thousand only), along with the amounts already awarded by the Tribunal, to be paid by the 2^nd 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.

Sd/-

HARISANKAR V. MENON JUDGE ln