DEVADASAN Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal is preferred by the claimant against the award dated 24.4.2013 in O.P.(M.V)No. 1122 of 2010 of the Motor Accidents Claims Tribunal, Kollam, seeking enhancement of compensation. It is submitted that the appellant/claimant, who was a 44 year old man working as a Travel Agent, was injured in a motor accident which occurred on 1.10.2009. He was a rider of a motorcycle bearing Reg. No. KL-23/A 3237 and he sustained serious injuries in a collision with Qualis Van bearing Reg. No. KL-01/AA-9651, owned by the first respondent and driven by the second respondent. It is stated that the third respondent is the insurer of the offending vehicle.

(2.) The claimant in the O.P.(M.V) claimed that he was having an income of Rs. 4,000.00 per month at the time of the accident from his occupation as a Travel Agent. It is contended that he had suffered serious injuries in the accident. The wound certificate and the discharge summary as well as the medical records were produced before the Tribunal. Ext. C1 disability certificate issued by the Medical Board was also produced. The claimant was examined as PW1. The claim was for an amount of Rs. 5,00,000.00 as compensation. Taking note of the evidence adduced by the claimant, the Tribunal took the notional income of the claimant as Rs. 3,000.00 per month. Taking note of the injuries suffered by the claimant, compensation for loss of income for six months was granted and taking the disability as 22%, an amount of Rs. 1,10,880.00 was granted as compensation for permanent disability. Further, an amount of Rs. 10,000.00 was granted as compensation for loss of amenities, Rs. 1,400.00 was granted towards bystander's expenses, Rs. 2,000.00 was granted towards transport to hospital and Rs. 1,000.00 was granted for extra nourishment. Adding an amount of Rs. 30,000.00 for pain and suffering and Rs. 1,11,000.00 towards medical bills, the claimant was held entitled to an aggregate amount of Rs. 2,84,500.00 as compensation. The amount would carry interest at the rate of 7.5% from 110.2010 till the date of realisation and in case the amount was not deposited within three months, at the rate of 9% per annum.

(3.) The learned counsel appearing for the appellant would contend that the notional fixation of the income of the appellant/claimant at Rs. 3,000.00 was erroneous. It is contended that the appellant had taken the stand and given evidence that he was a self employed Travel Agent. He was aged 44 years at the time of the accident. In the above circumstances, it is contended that the notional income should have been fixed at Rs. 4,000.00 as claimed in the claim petition. It is further contended that the appellant had suffered serious injuries in the accident and in view of the nature of the injuries suffered by him, the amount of Rs. 30,000.00 granted towards pain and suffering was grossly inadequate. It is also contended that the injuries were on the face and it was also clear from Ext. C1 disability certificate that there was reduction of eye sight. In the above view of the matter, it is contended that the amount of Rs. 10,000.00 awarded towards loss of amenities was also inadequate. It is also contended that further amount ought to have been granted towards extra nourishment and that no amount has been awarded towards damage to clothing. The learned counsel seeks enhancement of the compensation on those grounds as well.