The court emphasizes that compensation in motor accident claims must reflect just and reasonable amounts regarding loss of earnings, amenities, and disability based on accurate assessments of income and injuries sustained.

JUDGMENT

This appeal is filed by the claimant in O.P. (MV) No.376 of 2018 on the file of the Motor Accidents Claims Tribunal, North Paravur, claiming enhancement of compensation. The respondent herein was the 3^rd respondent before the tribunal.

2. According to the claimant, on 25.04.2018 at about 04.00 pm, while the claimant was riding a scooter bearing reg. No. KL-42/P- 1291, the 1^st respondent drove the vehicle bearing registration No.KL-07/AQ-5709 in a rash and negligent manner hit on the vehicle of the petitioner. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹39,40,000/- limited to ₹20,00,000/-.

3. The first respondent/driver and 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, Exts.A1 to A8 and Ext.X1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹4,41,000/- with interest @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 though an amount of ₹20,000/- was claimed, the tribunal had taken only an amount of ₹10,000/- as the income of the injured, who was a mason by profession. 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 a Coolie, for an accident in 2018, is fixed as ₹11,500/- and sought for enhancement of income. Considering the avocation as well as age of the appellant, in order to award just and reasonable compensation, I find it appropriate to refix the income at ₹12,500/-.

Loss of earnings:- The tribunal has taken a period of three months for awarding compensation towards loss of earnings.

Following were the injuries sustained :

“displaced comminuted fracture shaft of right femur, fracture maxillary sinus, depressed fracture right sigoma, lacerated wound 8x2x2 cm right knee, wound contaminated and communicated with joint, lacerated wound facial region, lacerated wound right cheek, multiple lacerated wound over the right knee, deformity right thigh, swelling tenderness right side of face.”

Considering the nature of injuries sustained as well as the age of the appellant, I am inclined to take a period of seven months for calculating loss of earnings. Since the monthly income has been re- fixed as ₹12,500/-, the compensation payable for loss of earnings for a period of seven months is re-calculated as ₹87,500/- (12,500x7). The tribunal has awarded an amount of ₹30,000/- under the afore head. Thus, there will be an additional amount of ₹57,500/- towards loss of earnings.

Loss of amenities:- On a perusal of the award, it is seen that though an amount of 5,00,000/- was claimed, the tribunal has awarded only an amount of ₹21,000/- 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 ₹80,000/- is to be granted towards loss of amenities. Thus, there will be an additional amount of ₹59,000/- under the afore head.

Permanent disability/loss of earning power:- Since the notional income is fixed at ₹12,500/- following the judgments in National Insura