JUDGMENT

[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]

The claimant in MCOP No.493 of 2018 on the file of the Motor Accident Claims Tribunal (Special Sub-Judge), Tiruvannamalai, has come up with this appeal seeking enhancement of compensation.

2.The appellant met with an accident on 23.05.2018 while he was riding his motorcycle bearing Reg.No.TN-25-AP-0259. According to him, a Lorry bearing Reg.No.AP-04-W-3365 came from the opposite direction in a rash and negligent manner and hit against his motorcycle, thereby, he sustained injuries. Though the claim was resisted by the Insurance Company disputing the manner of accident, the Tribunal having found that the driver of the Lorry caused the accident, awarded compensation of Rs.40,47,000/- along with interest at the rate of 7.5% per annum. Being dissatisfied with the said sum, the claimant preferred this appeal.

3.The learned counsel appearing for the appellant/claimant Mr.S.Panneer Selvam would submit that at the time of accident, the claimant was running a Medical Shop and thereby, earning Rs.50,000/- per month, but Tribunal without considering the same, fixed the notional income as Rs.15,000/- per month. He would further contend that the appellant being totally bed ridden and in a vegetative condition with 90% disability, which is equalent to 100%, the Tribunal ought to have taken 100% disability instead of 90%. He would further submit that the injured claimant is entitled for more compensation since he is being in a vegetative stage.

4.Per contra, the learned counsel appearing for the second respondent/Insurance Company Mrs.R.Sreevidya would submit that the impugned Award and Decree awarding the aforesaid compensation is well reasoned and it requires no interference and therefore, this Civil Miscellaneous Appeal is liable to be dismissed.

5.We have carefully considered the rival submission of the learned counsel appearing for the appellant/claimant and the learned counsel appearing for the second respondent/Insurance Company and perused the materials available on record.

6. In the instant case, it is not dispute that the claimant suffered severe injuries in the accident and he is in vegetative stage. Though the learned counsel appearing for the appellant submitted that at the time of accident, the appellant was running medical shop and thereby, earning Rs.50,000/-, but to establish the same, no proof has been filed. Hence, considering the age of the deceased and the nature of injuries sustained by him, Rs.20,000/- is fixed as monthly notional income and 40% is added towards future prospects. The annual income comes to Rs.3,36,000/- (20000+8000(40%)=28000x12). By applying multiplier '15' and adopting 100% disability, Rs.50,40,000/- is awarded towards disability.

7.It is also seen that the Tribunal has not awarded any amount under the head of loss of amenities, hence, Rs.3,00,000/- is awarded towards loss of amenities. Considering the physical condition of the claimant, the amount of Rs.2,00,000/- awarded under the head of Attender Charges is enhanced to Rs.5,00,000/-; Rs.25,000/- awarded towards Transportation is enhanced to Rs.50,000/- and Rs.20,000/- awarded towards Extra Nourishment is enhanced to Rs.50,000/-. The amount awarded under the remaining heads and the rate of interest fixed by the Tribunal as 7.5% per annum remain unchanged. Hence, the award amount is re-quantified as follows:-

8. In such view of the matter, this Civil Miscellaneous Appeal is partly allowed. The award amount of Rs.40,4