The court, in assessing compensation for motor accident claims, can modify amounts based on re-evaluated notional income and loss factors.

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.55 of

2017 on the file of the Motor Accidents Claims Tribunal, Vatakara, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 04.07.2016 at about 3.30 p.m, while the claimant was travelling on the motorcycle bearing Reg.No.KL-56-J-8467, a bus bearing Reg. No.KL-56-1188 driven by the second respondent in a rash and negligent manner, dashed against the claimant’s motorcycle, whereby, the claimant sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹13,27,000/- limited to ₹10,00,000/-.

3. The respondents 1 and 2, the owner and the driver of the offending vehicle respectively, remained ex parte before the tribunal. The 3^rd respondent/insurer filed a written statement admitting the insurance policy but denying the negligence and disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A11 were marked. The Tribunal, after analysing the pleadings and materials on record, awarded a compensation of ₹2,39,275/- rounded to ₹2,39,300/- under different heads with interest @8% per annum from the date of petition till realization, against the respondent being the 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 appellant has filed this appeal challenging compensation under the following heads:-

Notional income :- The learned counsel for the appellant submitted that though an amount of ₹20,000/- was claimed, the tribunal had taken only an amount of ₹8,250/- as the monthly income, and was working as a tool maker at the time of the accident. The learned Counsel further submits 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 2016 is fixed at ₹10,500/- and sought for enhancement of the income. In order to award just and reasonable compensation following the judgment in Ramachandrappa (supra), I find it appropriate to refix the income as ₹10,500/-.

Loss of earnings:- The learned counsel for the appellant submitted that for awarding compensation under the head loss of earnings, the tribunal has taken only a period of seven months. The claimant sustained the following injuries:-

1.Blunt trauma abdomen grade 5 splenic injury.

2.Head injury-Diffuse brainoedema, multiple cranial fractures.

Considering the injuries sustained, I find that a period of seven months is reasonable for awarding compensation under the head loss of earnings. Since the notional income is fixed as ₹10,500, I find that a total amount of ₹73,500/- (10,500 x 7) is payable under the afore head. Since the tribunal has awarded only an amount of ₹57,750/- under the afore head, there will be an additional amount of ₹15,750/-

under the head loss of earnings.

Loss of amenities :- On a perusal of the award, it is seen that though an amount of ₹1,00,000/- was claimed, the Tribunal has awarded only an amount of ₹40,000/- towards loss of amenities. Considering the injuries sustained by the appellant and the loss of enjoyment in life, I deem it appropriate to award a total compensation of ₹60,000/- towards loss of amenities. Since the tribunal has awarded only an amount of ₹40,000/- under the afore head, there will be an additional amount of ₹20,000/- under the head loss of amenities.

Pain and suffering:- The learned counsel for the appellant submits that though an amount of ₹2,00,000/- was claimed, the tribunal awarded only ₹60,000/-