RAMACHANDRAN Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellant suffered injuries when the auto rickshaw he was travelling in, overturned and hit a KSRTC Bus on 25.06.2014. He suffered amputation of three fingers. The appellant claims that he was the owner of a tractor in which he had been carrying a Jacky Hammer for use in a quarry; which he himself operated. He suffers total disability insofar as avocation of use of Jacky Hammer due to the amputation of his fingers. The appellant claims that despite the disability having been assessed at 21% he should have been granted more. The appellant also submits that the income claimed was Rs.30000/-, but however, the Tribunal adopted only Rs.6000/-. The appellant claims enhancement on all heads.

(2.) The learned Counsel for the Insurance Company points out that there was absolutely no evidence adduced as to the employment. Only the RC Book of the tractor was produced. In such circumstances, there could be no disability assessed is the argument. The appellant though claims that he was the driver/owner of the tractor, did not produce a valid licence to drive the tractor. There is also no evidence to show that he owns a Jacky Hammer, which is a costly equipment, the bill of which could have been produced before the Tribunal.

(3.) As far as the income claimed there is no evidence produced; not even a return filed before the income-tax authorities. The appellant is the owner of a Tractor and though he has not substantiated his claim of being the driver too, can in any event rent out the vehicle. A coolie was fixed with a notional income of Rs.4,500/- per month in the year 2004, in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited, 2011 13 SCC 236. The Hon'ble Supreme Court has also recognised the principle that there would be incremental enhancement in the case of even self-employed individuals in the un-organised sector (National Insurance Co. Ltd. vs. Pranay Sethi, 2017 16 SCC 680). With respect to an unspecified job of a coolie considering the increase in cost of living and economic advancements over the years, it can be safely assumed that even a coolie would be eligible for incremental addition of at least Rs.500/- in every subsequent year. Even a coolie would be entitled to Rs.9500/- in the year 2014. Hence the notional income of the appellant, who owns a tractor, can be adopted at Rs.12000/-.