ALI KUNHI Vs. ABDU SALIM

JUDGEMENT

(1.) Leave granted. The appellant is before this Court seeking enhancement of the compensation in respect of the injury suffered by the appellant in the accident which occurred on 9/5/2007. The Motor Accidents Claims Tribunal (For short' MACT') having considered all aspects has awarded the compensation to Rs.1,98,400.00 with interest @ 7% per annum through its Award dtd. 8/4/2010. The High Court through its judgment dtd. 25/9/2018 has enhanced the same to Rs.4,00,000.00 with interest at 7.5% per annum. The High Court while arriving at its conclusion has taken a higher income at Rs.4,000.00 per month as against Rs.2,000.00 taken by the MACT. The disability has been taken at 50% as had been taken note by the MACT. The appropriate multiplier for determining the compensation applied, was '15'. It is in that light, the compensation has been awarded.

(2.) The contention on behalf of the appellant is that the income as reckoned is not justified and is on the lower side since the claim as put forth was that the injured though a coolie worker was earning Rs.250.00 per day. In a matter of the present nature, where there cannot be any documentary evidence to establish the income, notional income is required to be taken based on the overall situation.

(3.) In that regard, though the High Court has taken the income at Rs.4,000.00 per month, we are of the opinion it is marginally on the lower side. Hence, we reckon the income at Rs.5,000.00 per month. 40% of the said amount in a sum of Rs.2,000.00 is to be added towards 'future prospects'. Hence, the total income per month would be Rs.7,000.00 which being taken on the annual basis and with the multiplier of '15' would amount to Rs.12,60,000.00. Since disability is taken at 50%, half of the said amount is to be awarded, which would be in a sum of Rs.6,30,000.00. The High Court has awarded a sum of Rs.36,900.00 under the 'other heads'. On the other heads to make good the short fall, we award a further sum of Rs.50,000.00. Hence, the total compensation would be in a sum of Rs.7,16,900.00, on deducting a sum of Rs.4,00,000.00 as awarded, the appellant would be entitled to the enhanced compensation at Rs.3,16,900.00 which shall be payable with interest @ 7.5% per annum. The enhanced amount shall be calculated and be deposited by respondent No. 3/Insurance Company before the MACT, within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claimant.