T C JAYAN Vs. ALI

JUDGEMENT

(1.) The injured in an accident is in appeal. The accident occurred on 30.09.2009, while the claimant was riding a motorbike and an auto-rickshaw collided from the back. The claimant suffered grievous injuries in the accident which are as follows:

(2.) The petitioner submitted that he had been working as a Coolie in a tile factory and also produced the salary certificate of the tile factory. However, nobody was examined to prove the Wage Certificate or the Certificate showing the number of days spent on leave. The Tribunal refused to place any reliance on such certificates. But, however, computed notional income as Rs. 3,000/- per month and also found a possibility of the injured having loss of earning for three months. The Loss of Earning was calculated on the basis of the notional fixation of income and so was the Permanent Disability, for which a multiplier of 15 was taken and the disability as per the Certificate of 16% was also taken into account. The claimant seeks enhancement under the various heads granted. The Loss of Earning was granted at Rs. 9,000/-, taking the nominal fixation of income at Rs. 3,000/-.

(3.) In Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited, (2011) 13 SCC 236, the Honourable Supreme Court in the year 2004 had notionally fixed the income of a Coolie at Rs. 4,500/- per month. The present accident occurred in the year 2009. The monthly remuneration claimed by the claimant/appellant was Rs. 5,000/-. This Court is of the opinion that the claim has to be accepted especially since the petitioner was a 39 year old man, capable of carrying out such work. The income, hence, would be enhanced to Rs. 5,000/- per month. Taking the income to be Rs. 5,000/-, now it has to be determined as to how long the petitioner was incapacitated to carryout his work.