SIBY PAUL Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) Appeal is filed for enhancement of compensation awarded by the MACT for the injury sustained by the appellant in a motor accident. The appellant while riding a two wheeler was knocked out by a tempo van coming in the opposite direction. The MACT held that the accident was caused on account of the negligence of the driver of the van and the insurer has to pay the compensation. Aggrieved by the amount of compensation, the appellant has filed this appeal for enhancement of the same.

(2.) We have heard counsel appearing for the appellant and the Standing Counsel appearing for the insurance company.

(3.) The appellant admittedly suffered fracture of the right leg and head injury which has resulted in minor loss of vision. He was in the hospital for a total period of the little over three months in three spells for surgery, removal of the appellant is that his income fixed at Rs. 1,500/- per month is very low and the same lead to award of low amount of compensation. Counsel for the insurance company however submitted that there is no proof that the appellant is disabled on account of the accident and the total compensation of Rs. 3,05,450/- awarded under various heads is quite reasonable. Even though the appellant has not produced any proof of income, we feel that the . income fixed at Rs. 1,500/- is to low because the appellant was an able bodied man of 30 years of age and would have been able to earn at least Rs. 2,000/- per month. We therefore increase the monthly earning to Rs. 2,000/- for the purpose of fixation of compensation. Consequently, compensation for loss of earning power is increased from Rs. 64,800/- Rs. 86,400/-. We feel compensation for lose of employment for four months is inadequate because appellant was in the hospital for three months and he would have taken another three months to recover for resuming his work. We therefore grant compensation for loss of pay for six months. In view of this modification of the income, the appellant will be entitled for an additional compensation of Rs. 2,000/- besides the amount of Rs. 6,000/- granted for further three months (total addition Rs. 8,000/-). Besides this, we increase the compensation for pain and suffering by another Rs. 10,000/-. The insurance company will deposit the additional compensation with interest at 7.5 % per month from the date of application till date of deposit,