In motor accident injury claims, where permanent disability is claimed based on certificates, the tribunal must award compensation under this head; if the percentage is disputed, the tribunal is duty-bound to refer the claimant for further medical examination rather than ignoring the claim entirely.

JUDGMENT

This appeal is filed by the claimant in O.P.(MV) No.1558 of

2017 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, claiming enhancement of compensation. The respondent herein was the 3^rd respondent before the tribunal. 2. According to the claimant, on 04.07.2017 at 08.30 am, while the claimant was riding a motorcycle bearing reg. No. KL- 11-AM-866, a bus bearing registration No.KL-11-T-9595 driven by the 2^nd respondent in a rash and negligent manner hit the motorcycle. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. The second respondent/driver of the offending vehicle remained ex parte before the tribunal. The first respondent/owner filed a written statement admitting the accident but disputing negligence. The 3^rd respondent filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, PW1 was examined and Exts.A1 to A12 and Exts.X1 to X3 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹3,21,200/- with interest @ 8% 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 appellant was working as an office attendant in Guruvayurappan College, Kozhikode having income of ₹22,370/- per month. In order to fix the income, following the judgment in Raju Sebastian v. United India Insurance Co. Ltd [2021 (5) KHC 662], I find that 50% of the salary alone is to be taken for awarding compensation under the head permanent disability since the claimant being a permanent employee. Thus, following the judgment in Raju Sebastian (supra) the income of the appellant is fixed at ₹11,185/- (22,370x50/100) for awarding compensation under the head permanent disability.

Extra nourishment :- On a perusal of the award, it is seen that the tribunal has granted only an amount of ₹3,000/- towards extra nourishment. The appellant had undergone 10 days inpatient treatment. Considering the year of the accident as well as the period of hospitalization, I am inclined to grant a consolidated amount of ₹5,000/- under the head extra nourishment. Therefore, there will be an additional amount of ₹2,000/- under the afore head.

Pain and sufferings:- The learned counsel for the appellant submitted though an amount of ₹2,00,000/- was claimed, the tribunal has awarded only an amount of ₹20,000/- under the head pain and sufferings. Considering the nature of injuries sustained and the age of the appellant, I find that a total amount of ₹50,000/- can be granted towards pain and suffering. Thus, there will be an additional amount of ₹30,000/- under the afore head.

Permanent disability/loss of earning power:- The learned counsel for the appellant submitted that the tribunal had failed to award any compensation towards permanent disability. It is further submitted that the appellant had sustained crush injury to the right foot, with loss of soft tissue on the dorsal aspect, swelling around ankle joint and fracture of base of 2nd, 3rd and 4th metatarsal bone. A private orthopaedic expert examined the appellant and issued Ext.A6 disability certificate, wherein the percentage of permanent disability was assessed at 12%. However, the tribunal has not awarded any compensation towards permanent