The court clarified the calculation of compensation for injury claims, emphasizing revised income and addressing categories for permanent disability and pain and suffering.

JUDGMENT

This appeal is filed by the claimant in O.P.(MV) No.1267 of 2014 on the file of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 11.11.2013, while she was walking through the right side of the road, she was hit down by and LMV bearing registration No.KL-04-A-484 driven by the 2^nd respondent in a rash and negligent manner and as a result of which she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹10,00,000/-.

3. The first respondent, the owner and the second respondent, the driver of the offending vehicle, remained ex- parte, before the tribunal. The third respondent, insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A15 and Ext.C1 documents were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹3,61,757/- with interest at 9% per annum as compensation under various heads against the 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 insurer. 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 ₹9,000/- was claimed as the income, the tribunal has taken only an amount of ₹4,000/-. The learned counsel further submitted that even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13) SCC 236] , the income of a Coolie, for an accident in 2013 is fixed as ₹9,000/- and seeks enhancement of the income fixed. Considering the afore facts, in order to award a just and reasonable compensation, following the judgment in Ramachandrappa (supra), I find it appropriate to re-fix the income at ₹9,000/-

Loss of earnings :- Since the monthly income has been re-fixed as ₹9,000/-, the compensation payable for loss of earnings for a period of eight months, is re-calculated thus ₹72,000/- (9000 x 8). The tribunal has awarded an amount of ₹32,000/- under the afore head. Thus, there will be an additional amount of ₹40,000/- towards loss of earnings.

Pain and suffering :- On a perusal of the award, it is seen that the tribunal has awarded only an amount of ₹40,000/- towards pain and sufferings. The claimant sustained (1)fracture zygomatic arch, (2)fracture maxillary sinus, (3)fracture lateral wall of the orbit on the right side, (4)Haemorrhagic contusion in the right frontal region, (5)Crush injury right foot, (6)Degloving injury with skin loss on dorsum with exposed tendon and bone (7) Right big toe and 2^nd finger in right leg amputated and (8)speaking efficiency lost. Considering the nature of injuries sustained, I find that an additional amount of ₹60,000/- can be granted under the afore head thus totalling to an amount of ₹1,00,000/-.

Loss of amenities :- Though the appellant claimed an amount of ₹2,00,000/- under this head, the tribunal has awarded only an amount of ₹25,000/-. Considering the age of the appellant as well as the loss of enjoyment in life, I find it appropriate to award an additional amount of ₹25,000/- under the head loss of amenities, totalling to an amount of ₹50,000/-.

Permanent disability/Loss of future earning power :- The learned counsel for the appellant submitted that as per Ext.C1 disability certificate, the percentage of disability was assessed as 28%. Since