A claimant can seek enhancement of awarded compensation by reassessing notional income and justifying claims under multiple heads of damages, resulting in substantial modification by the court.

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.660 of 2009 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation. The respondents herein were the respondents 2 and 3 before the tribunal.

2. According to the claimant, on 27.04.2009 at about 11.30 a.m., while the claimant was travelling in a tourist bus bearing Registration No. KA 01 B 9772, driven by the 1st respondent in a rash and negligent manner, the said bus struck a truck bearing Registration No. KA 05 AF 4199, parked by the side of the road. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹8,84,000/- limited to ₹6,00,000/-.

3. The first respondent/driver and the second respondent/owner of the offending vehicle remained ex-parte before the tribunal. The 3^rd respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, Pws 1 and 2 were examined and Exts.A1 to A43 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹5,12,897/- with interest at the rate of 9% per annum as compensation under various heads against the 3^rd 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/claimant and the learned standing counsel appearing 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 the tribunal had taken the income as ₹6,500/-, as claimed in the claim petition, though he was working as an LIC agent. It is further submitted that, going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13) SCC 236] , the income of an ordinary labourer, for an accident in 2009, is fixed as ₹7,000/- and sought for enhancement of income. Considering the avocation of the claimant and in order to award just and reasonable compensation, I find it appropriate to refix the income at ₹8,000/-.

Loss of earnings:- Since the monthly income has been re-fixed as ₹8,000/-, the compensation payable for loss of earnings for a period of 6 months is re-calculated as ₹48,000/- (8,000x6). Since the tribunal has awarded an amount of ₹39,000/- under the afore head, there will be an additional amount of ₹9,000/- towards loss of earnings.

Pain and sufferings:- The learned counsel for the appellant submitted that though an amount of ₹1,00,000/- was claimed, the tribunal has awarded only an amount of ₹30,000/- under the head pain and sufferings. Considering the age of the appellant as well as the nature of injuries sustained including multiple fractures, I find that a total amount of ₹40,000/- can be granted towards pain and suffering. Thus, there will be an additional amount of ₹10,000/-

under the afore head.

Loss of amenities:- The learned counsel for the appellant submitted that though an amount of ₹50,000/- was claimed, the tribunal has awarded only an amount of ₹30,000/- under the head loss of amenities. Considering the age of the appellant as well as the loss of enjoyment in life, I find that a total amount of ₹40,000/- is to be granted towards loss of amenities. Thus, there will be an additional amount of ₹10,000/- under the afore head.

Compensation for loss of earning capacity:- The learned counsel for the appellant submitted that, as per Ext.A36 disability certificate issued by the District Hospital, the percentage of disability was assessed at 35%. However, the Tribunal reduced the same to

30% while considering the nature of em