(1.) The appellant was a pedestrian who was hit by a motor bike on 30.08.2015. He suffered grievous injuries and was admitted to the hospital for 24 days. There was a disability of 20% assessed by a medical board as evidenced from Ext.C1 certificate. The appellant claims enhancement. The appellant claims an income of Rs.10,000/- per month as a Madrassa teacher.
(2.) The Tribunal adopted Rs.6,000/- as the notional income. 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 selfemployed 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. Filial consortium can be granted on the basis of Magma General Insurance Co.Ltd. v. Nanu Ram and others, 2018 11 SCALE 247 = 2018(4) RCR (Civil)333 .
(3.) Considering the fact that the accident occurred in 2015, when even a coolie would have obtained an amount of Rs.10,000/- per month, the income claimed by the appellant can be accepted as the notional monthly income. The appellant suffered from grievous injuries. For the purpose of compensation for continuing permanent disability, the Tribunal adopted a multiplicant of 11 which is correct, going by the age of the injured.