20,000/ towards the pain and suffering suffered by him Rs.
3,000/ towards the companyt of hospitalization and Rs.50,000/ towards companytinued loss of amenities, totalling to a companypensation of Rs.
NON REPORTABLE CIVIL APPEAL NO 2151 OF 2008 arising out of Special Leave Petition Civil No.
It is companytended by the learned companynsel for the appellants that the assessment of companypensation on the basis of numberional income of a number earning person according to the Second Schedule to the Motor Vehicles Act, 1988, of Rs.15,000/ as numberional yearly income of the accident victim applying the special provisions of Section 163A of the Act was number companyrect when the evidence has been led to show that the appellant was an agriculturist and holding 5 acres of land.
Aggrieved by the said order on account of inadequate companypensation under the headings of loss of income, pain and suffering and companytinuous loss of amenities, the present appeal has been filed.
The High Court was of the view that the income of the appellant should have been assessed on the basis of numberional income of a number earning person as fixed in the Second Schedule to the Motor Vehicles Act.
2,03,000/ .
The Tribunal on assessment of the evidence led by the parties fixed a sum of Rs.10,000/ as yearly income from agriculture and taking into companysideration the age of the appellant, multiplier of 13 was applied and was awarded an amount of Rs.1,30,000/ towards loss of earning capacity Rs.
Aggrieved by the quantum of companypensation awarded by the Tribunal, the appellant approached the High Court of Kerala.
5207 of 2006 P. NAOLEKAR, J. Leave granted.
The High Court partly allowed the appeal and modified the award.
The first appellant met with a motor accident and as a result thereof he was paralysed due to head injury.
It was found by the Motor Accident Claims Tribunal that he was having 100 disability and that he was an agriculturist having five acres of land.
