H.T. Narendra Prasad, J. - This appeal is filed by the claimant challenging the judgment and award dated 25.02.2015 passed by the Motor Accident Claims Tribunal, XX Addl. Small Causes Judge, Bangalore (SCCH. 22) in MVC No. 3357/2013 whereby the Tribunal has granted a compensation of Rs. 3,00,000/- with interest at 8% p.a.

2. The brief facts of the case are that on 07.04.2013 at about 1.00 p.m. claimant was walking on the left side foot path of Bangalore Magadi main road. When she was near Chennenahalli Janaswva School Gate, at that time the rider of the motorcycle bearing registration No. KA-42/K-0881 came from Bangalore towards Magadi in a rash and negligent manner and dashed to the claimant. Due to the impact claimant fell down and sustained severe injuries. Immediately she was shifted to ESI Hospital, Rajajinagar, Bangalore, where she took treatment as inpatient. After recovering from the injuries, claimant filed a claim petition before the Tribunal in MVC No. 3357/2013.

3. To establish her case, claimant examined herself as PW1, Dr. Ramachandra as PW2 and another witness as PW3 and got marked 14 documents as Exs. P1 to P14. On the other hand, on behalf of the Insurance Company, neither any witnesses were examined nor documents were marked. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs. 3,00,000/- with interest at 8% p.a. Being not satisfied with the quantum of compensation, claimant has filed this appeal seeking enhancement of compensation.

4. Sri H.B. Somapur, learned counsel for the appellant contended that at the time of the accident claimant was earning Rs. 9,000/- per month. But the Tribunal while assessing the notional income has considered the income of the claimant as Rs. 6,000/- per month which is on the lower side. Secondly, he contended that claimant has examined Dr. Ramachandra as PW2. In his testimony he has stated that the claimant has sustained 48% disability to the right lower limb, 24% to the whole body and the Tribunal while assessing the whole body disability has considered 20% which is on the lower side. Thirdly, he contended that the compensation awarded by the Tribunal under the categories of loss of amenities and loss of income during laid up period are on the lower side. Hence, he sought for enhancement of compensation.

5. Per contra, Sri S. Krishna Kishore, learned counsel appearing for the respondent - Insurance Company contended that even though claimant has claimed that she was earning Rs. 9,000/- per month she has not produced any document to establish the same. Under the circumstances, the Tribunal has rightly assessed the notional income of the claimant at Rs. 6,000/- per month. Thirdly, he contended that on all other heads the compensation awarded by the Tribunal is just and reasonable. Hence, he sought for dismissal of the appeal.

6. Heard learned counsel for the parties and perused the original records.

7. It is not in dispute that the claimant met with an accident on 07.04.2013 and she has suffered injuries due to the rash and negligent driving of the driver of the motorcycle bearing registration No. KA-42/K-0881. Even though claimant has claimed that she was earning Rs. 9,000/- per month but she has not produced any documents to establish the same. Under those circumstances, the Tribunal was left with no other option but to assess the notional income. While assessing the notional income the Tribunal has considered the income as Rs. 6,000/- per month, which is on the lower side. This Court in catena of decisions, while assessing the notional income has considered the chart prepared by the Lok Adalat. For the accident of the year 2013, notional income has been fixed as Rs. 8,000/- per month. Accordingly, the notional income of the claimant is taken as Rs. 8,000/- per month. Taking into consideration the age of the claimant the Tribunal has rightly considered the multiplier as 9. The claimant has examined Dr. Ramachandra as PW2. In his testimony he has deposed that claimant has sustained injuries and suffered 48% disability to the right lower limb and 24% to whole body. Taking into consideration the deposition of the doctor and the wound certificate at Ex. P5, I am of the opinion that the whole body disability has to be assessed as 24%. Accordingly, loss of future earnings is calculated as below:

Rs. 8,000 x 12 x 9 x 24/100 = Rs. 2,07,360/-

8. Taking into consideration of the fact that the claimant was in the hospital for 22 days and has suffered fracture and other injuries the loss of income during laid up period has to be granted for six months and in view of enhancement of the monthly income from Rs. 6,000/- to Rs. 8,000/-, the compensation under the category of loss of income during laid up period is enhanced from Rs. 20,000/- to Rs. 48,000/-.

9. Due to the accident claimant has suffered the following injuries:

1. Nasal bleed parent.

2. Cut lacerated wound in left leg. 10 cm. x 1 cm. over rid 1/3 of tibia

3. Punctured wound 3 cm. x 1 cm. over lower 1/3 of tibia in right leg.

4. Right sided open fracture of both bone of right leg, public symphysis fracture and left sided superior and inferior public rami.

She has examined Dr. Ramachandra as PW2. The doctor in his testimony stated that claimant has suffered disability of 48% of right lower limb and 24% whole body disability. She was inpatient for 22 days. She has suffered lot of pain during the treatment and she has to suffer the disability and unhappiness throughout her life. Therefore, the compensation awarded by the Tribunal under the category of loss of amenities is enhanced from Rs. 25,000/- to Rs. 40,000/-.

10. Accordingly, appeal is allowed in part. The judgment and award passed by the Tribunal, dated 25.02.2015, is modified as under:

Compensation under different Categories

As awarded by the Tribunal (Rs.)

As awarded by this Court (Rs.)

Pain and suffering

90,000/-

90,000/-

Loss of income due to disability

1,30,000/-

2,07,360/-

Medical expenses

10,000/-

10,000/-

Loss of income during laid up period

20,000/-

48,000/-

Food, nourishment, attendant and transportation

15,000/-

15,000/-

Loss of amenities in life

25,000/-

40,000/-

Future medical expenses

10,000/-

10,000/-

Total

3,00,000/-

4,20,360/-

11. The Insurance Company is directed to deposit the entire compensation amount along with an interest @ 8% per annum from the date of filing of the claim petition, till the date of realization, within a period of three months from the date of the receipt of a copy of this order. The amount so deposited by the Insurance Company shall be disbursed to the claimant, after due verification of identity.