CHANDRAPPA S/O MUDDARANGAPPA Vs. T. DEVARAJU, S/O SRI G. THIMMAIAH, BYALYA, VADDARAHATTI, BYALYA POST, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT, PIN - 572 175 AND UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, NO. 25, 2ND FLOOR, SHANK

JUDGEMENT

(1.) BEING aggrieved by the Judgment and award dated 23 -03 -2009 passed in MVC. No. 3401/2008 by the MACT at Bangalore, the claimant has filed this appeal seeking enhancement. The case of the claimant is that on 6 -4 -2006 at about 10.30 p.m. when he was walking between Chikkahosahalli and Singragondanahalli carefully observing the traffic movements, the driver of a car bearing No. KA 06 9091 came in a rash and negligent and dashed against him and he suffered multiple injuries and took treatment in the hospital. Thereafter he filed a claim Petition. By the impugned Judgment and award a sum of Rs. 2,05,833/ - was awarded along with interest at the rate of 8% per annum from the date of Petition till the date of payment. Dissatisfied with the quantum the present appeal is filed seeking enhancement.

(2.) HEARD counsels and examined the records.

(3.) THE claimant has stated that he is a bar bender by profession and was earning a sum of Rs. 7,000/ - per month. However, there is no documentation to prove the same. Hence, his notional income was taken at Rs. 3,000/ - per month. The Hon'ble Supreme Court of India in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, AIR 2011 SC 2951 has taken the notional income of Rs. 4,500/ - towards a daily wage worker, in an accident that occurred in the year 2004. In the instant case, the accident occurred in the year 2006. Under these circumstances, notwithstanding the fact that the claimant was not just a daily wager but was a skilled workman and a bar bender by profession, the income per month has to be taken as Rs. 4,500/ - per month especially in view of the fact that the accident took place in the year 2006. Hence, the loss of future earning capacity is calculated as follows: -