JUDGMENT N. Ananda , J.—In this appeal the claimant has sought for enhancement of compensation and to fasten the liability on the insurance company. 2. I have heard Mr. P. Karunakar, the learned counsel for the claimant and Mr. A.N. Krishnaswamy, learned counsel for the insurance company. 3. It is established from the medical records and the evidence of PW 2, Dr. S. Adyanthaya, that the claimant had suffered contusion to the cervical cord with IVDP of C3 and C4 vertebra, rendering him a quadriplegic. The claimant was under continuous treatment. However his condition did not improve. On recent examination, PW 2 has found that claimant has quadriparesis of all four limbs with spasticity and PW 2 has stated that the claimant is unable to do any work. 4. On reconsideration of the evidence on record, I find that claimant was completely bedridden and he was examined by a Commissioner. The court Commissioner has noted that the evidence was recorded while the claimant was confined to bed. These facts have not been controverted. Therefore, it can safely be concluded that the claimant suffers from 100 per cent permanent physical disability vis-a-vis loss of earning capacity. 5. The claimant was aged 40 years at the time of accident. Therefore, 15 would be the appropriate multiplier. The claimant has stated that he was tapping and selling toddy and he was earning Rs. 8,000 per month. As regards avocation of claimant, there is no satisfactory evidence on record. It is not clear from records as to whether claimant had any licence or permission to tap toddy and sell it. Yet, the fact remains that he was sustaining himself by physical labour. Therefore, I determine his income at a sum of Rs. 3,000 per month. 6. In the discussion made supra, I have assessed permanent disability at 100 per cent. There is no need for the claimant to spend anything for pursuing any avocation. Therefore, 30 per cent of the assessed income is deducted. Thus, the claimant is entitled to capitalised loss of future earnings of Rs. 3,78,000 (Rs. 2,100 x 12 x 15). 7. The Tribunal having regard to the nature of injuries, pain and suffering, condition of the claimant, pain and inconvenience, which he has to suffer during the rest of his lifetime, has awarded compensation of Rs. 50,000 for pain and suffering, Rs.
3,78,000 (Rs. 2,100 x 12 x 15). 7. The Tribunal having regard to the nature of injuries, pain and suffering, condition of the claimant, pain and inconvenience, which he has to suffer during the rest of his lifetime, has awarded compensation of Rs. 50,000 for pain and suffering, Rs. 50,000 towards loss of amenities and enjoyment of life and Rs. 3,000 towards travelling and incidental expenses. The Tribunal, having regard to the medical bills produced by the claimant and duration of treatment, has awarded a sum of Rs. 21,000 towards medical expenses and Rs. 10,000 for future medical expenses and attendant charges. Therefore, the compensation awarded by the Tribunal under these heads does not call for interference. Thus, the claimant is entitled to total compensation of Rs. 5,12,000. 8. The vehicle involved in the accident is a motor cycle. At the time of accident, claimant was travelling as a pillion rider. The motor cycle was insured with the respondent No. 2 under a 'Package Policy', wherein the insured had paid premium to cover the damage to the vehicle. Thus, the premium paid by the insured covers the risk of the pillion rider. Therefore, I hold that both the insured and insurer are jointly and severally liable to pay compensation. 9. In the result, I pass the following: ORDER (i) The appeal is accepted in part; (ii) The impugned award is modified; (iii) The compensation of Rs. 1,34,000 awarded by the Tribunal is enhanced to Rs. 5,12,000 with interest at the rate of 6 per cent per annum from the date of petition till the date of realization; (iv) The order of the Tribunal relating to rejection of claim against the insurance company is set aside; (v) The compensation determined herein shall be jointly and severally paid by respondent Nos. 1 and 2, viz., insured and insurance company; (vi) The payment and investment shall be in the ratio as evolved in the impugned award; and (vii) Parties are directed to bear their costs.