THOMAS MATHEW Vs. KOCHUMON ANTONY

JUDGEMENT

(1.) The appellant, an Agriculturalist, who claimed to be earning Rs.7,000.00 per month, was hit by a motorcycle driven by the 2nd respondent in a rash and negligent manner, while he was standing on a footpath, on 9/4/2007. The appellant sustained grievous injuries and was hospitalised for 11 days. He preferred a claim petition before the Tribunal seeking Rs.4,00,000.00 as compensation. The Tribunal awarded a sum of Rs.35,500.00 as compensation. The appellant has preferred this appeal seeking enhancement of the compensation awarded.

(2.) Heard Sri A.T.Anil Kumar, learned counsel for the appellant and Sri Suresh Sukumar, learned counsel for the 3rd respondent.

(3.) The 1st contention raised by the appellant is that the Tribunal went wrong in adopting Rs.3,000.00 per month as the notional income of the appellant. The appellant was aged 56 years at the time of the accident. Since the accident took place in 2007, going by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011 SC 2951], the notional income ought to have been taken as at least Rs.6,000.00 per month. The claim in that regard is justified. The amount hence awarded towards loss of earnings for 3 months has to be increased by a sum of Rs.9,000.00. The appellant has also claimed additional compensation under the conventional heads like bystanders expenses and extra nourishment. Since the appellant was in hospital for 11 days and providing for bystanders expenses and extra nourishment at the rate of Rs.200.00 per day each, the appellant will be entitled to Rs.2,200.00 under both the heads. After deducting the amounts awarded by the Tribunal, the appellant will be entitled to an additional sum of Rs.1,100.00 towards bystanders expenses and Rs.1,200.00 towards extra nourishment.