The judgment redefines compensation for injuries in accident cases by considering revised income and elucidating heads of compensation, significantly enhancing the awarded amount.

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.1413 of 2010 on the files of the Motor Accidents Claims Tribunal, Perumbavoor, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 04.07.2010, while he was pillion riding on a motorcycle bearing Reg.No.KL-40/A-2559, a car bearing Reg.No.KL-40/B-6446 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹9,00,000/-.

3. The first respondent, who was the owner-cum-driver of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 was examined and Exts.A1 to A14 and C1 were marked. 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 ₹3,01,284/- as compensation under different heads with interest @ 9% per annum from the date of petition till realization, against the second respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.

4. I have 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 under the following heads:

5.1. Notional income - The learned counsel for the appellant submits that the appellant was a salesman in textiles and was earning ₹9,000/- per month, however, the tribunal has fixed the monthly income notionally only at ₹5,000/-. Admittedly, no document was produced by the appellant to prove income or avocation. Even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], for an accident that occurred in 2010, the monthly income of a coolie is fixed at ₹7,500/- and seeks for an enhancement of the income fixed. Accordingly, following the judgment in Ramachandrappa (supra), I deem it appropriate to refix the monthly income of the appellant at ₹7,500/-.

5.2. Loss of earnings - The learned counsel for the appellant submits that due to the injuries sustained in the accident, the appellant could not go to work for almost six months, however, the tribunal has taken only a period of three months for awarding compensation towards loss of earnings. The appellant sustained a loop fracture mandible with parasymphysis and rigid fixation was also done. Considering the nature of injuries sustained and the age of the appellant, I am of the opinion that five months can be taken for awarding compensation for loss of earnings. Accordingly, the appellant will be entitled to get a total compensation of ₹37,500/- (7500 x 5) under this head. Thus, there will be an additional compensation of ₹22,500/-

towards loss of earnings.

5.3. Bystander expenses - The learned counsel for the appellant submits that the appellant was hospitalized for a period of seven days, however, the tribunal awarded compensation towards bystander expenses only for a period of six days. Since the appellant underwent inpatient treatment for a period of seven days, he will be entitled to get a total compensation of ₹1,750/- (250 x 7) towards bystander expenses. Thus, there will be an additional compensation of ₹250/- under this head.

5.4. Extra nourishment - The learned counsel for the appellant submits that the appellant was hospitalized for a period of seven days, however, the tribunal awarded only a consolidated compensation of ₹1,000/- towards extra nourishment, which is on the lower side. Since the appellant underwent inpatient treatment for a period of seven days, he will be entitled to get a total compensation of ₹1,7