MUHAMMED Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) The appellant is before this Court seeking further enhancement of the compensation as against the amount awarded by the High Court of Kerala in respect of the accident which occurred on 23/1/2008, the appellant was before the Motor Accidents Claims Tribunal (for short 'MACT'), wherein after consideration of the evidence placed before it, the Tribunal had awarded the sum of Rs.8,40,400.00 (Rupees Eight Lakhs Forty Thousand and Four Hundred Only). The monthly income of the appellant was notionally reckoned at Rs.3,500.00 (Rupees Three Thousand Five Hundred Only) per month. In the appeal filed by the appellant(s) herein before the High Court, though, other aspects of the matter had been kept as it is, the High Court had reckoned the notional income at Rs.7,000.00 (Rupees Seven Thousand Only) per month and had enhanced the compensation to Rs.9,95,900.00 (Rupees Nine Lakhs Ninety Five Thousand Nine Hundred Only).

(2.) It is in that light, the appellant is before this Court seeking further enhancement of the compensation.

(3.) Having heard the learned counsel for the appellant and having perused the material on record, it is clear that the only aspect which requires consideration in the instant appeal is with regard to the quantum of the compensation to be awarded by taking note of the appropriate income of the claimant. In that regard, though, no material insofar as the definite income of the appellant has been placed on record, as noted, the document at exhibit A-51 is a copy of the passport and in that light, the appellant had contended that the he was doing certain business in Abu Dhabi, UAE and was a NRI. Even if, the said aspects are taken into consideration, the same would not determine the actual income of the appellant. However, keeping in view that the appellant had travelled abroad and had worked for sometime, it would be appropriate to enhance the compensation by taking note of a higher amount as the monthly income. In our view, it would be appropriate to reckon the income at Rs.9,000.00 (Rupees Nine Thousand) per month. The future prospects, keeping in view the age of the appellant, will have to be reckoned at 10% of the said amount, which would be in a sum of Rs.9,900.00 (Rupees Nine Thousand Nine Hundred Only) per month. If the appropriate multiplier of '11' is applied, the amount annually would be in a sum of Rs.13,06,800.00 Since the Tribunal as well as High Court has taken note that the appellant had suffered disability of 25% as per the Exhibit-4 but reckoned less, we reckon at 25% and the amount equivalent to the same is to be awarded to the appellant. Accordingly, the same would be in a sum of Rs.3,26,700.00 (Rupees Three Lakhs Twenty Six Thousand Seven Hundred Only).