JUDGMENT : (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree made in MCOP.No.3168 of 2017, dated 26.09.2023 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.) 1. This Civil Miscellaneous Appeal has been filed by the appellant, seeking enhancement of the compensation awarded by the Tribunal vide order dated 26.09.2023 in M.C.O.P.No.3168 of 2017. 2. On 10.11.2016, when the claimant was riding his motorcycle bearing Registration No.TN-19P-3166 and proceeding to Velachery on 100 Feet Road towards North to South, the respondent's vehicle bearing Registration No.TN- 01-N-8903 driven by its driver in a rash and negligent manner and dashed against the claimant's vehicle. Due to the said accident, the claimant sustained grievous injuries. Hence, the claimant filed a petition before the Tribunal, claiming Rs.50,00,000/- as compensation. 3. On consideration of both oral and documentary evidence, the Tribunal has awarded the compensation on the following heads: S.No Particulars Compensation (Rs.) 1. Disability 1,10,000 2. Medical Expenses 2,96,614 3. Pain and Sufferings 40,000 4. Transport Expenses 4,000 5. Extra Nourishment 10,000 6. Attendant charges 11,100 7. Damage of cloths 1000 8. Loss of amenities 10000 9. Loss of earnings 50000 Total 5,32,714 Rounded off 5,32,700/- 4. The learned counsel appearing for the appellant would submit that the claimant had sustained grievous viz., Degloving injury with Laceration of right thigh ad Perineum, Degloving injury with Gluetal Region with skin Necrosis, Degloving injury on right thigh, sigmoid loop colostomy'', due to which, he was not able to do his day to day activities. Further, though the Medical Board had assessed the permanent disability of the injured at 22% and issued Disability Certificate (Ex.C1) which shows that the appellant suffered with functional disability, however, the Tribunal applied per centage method and awarded the compensation which is on the lower side. Hence, he requests this Court to enhance the same. 5. In reply, the learned counsel appearing for the respondent would submit that considering the year of the accident and nature of avocation of the appellant, the Tribunal had rightly awarded the compensation, which requires no interference and hence, he requests this Court to confirm the same. He also submits that if the compensation awarded by the Tribunal is re-determined, the same will be duly considered. 6. He also submits that if the compensation awarded by the Tribunal is re-determined, the same will be duly considered. 6. Heard the learned counsel for the appellant and the respondent and also perused the materials available on record. 7. In the present case, the accident had occurred in the year 2016 and at the time of accident, the appellant/injured was aged about 27 years, but as regards his avocation and monthly income, no documentary evidence was adduced before the Tribunal. The Regional Medical Board, after examining the appellant, issued Ex.C1 Disability Certificate, fixing the permanent disability at 22%. 8. In these circumstances, the Tribunal determined the loss of compensation towards disability at a sum of Rs.1,10,000/- by taking into the partial and permanent disability at 22% by adopting per centage method at 5,000/- for each per centage, which in the opinion of this Court is very low and considering the nature of the injuries sustained by the appellant and the functional disability at 22% as could be seen from Ex.C1 Disability Certificate, it would be appropriate to apply multiplier method. 9. As regards the notional income of the appellant is concerned, though the appellant had not produced any documentary evidence regarding his avocation and monthly income, the Tribunal fixed his notional income at Rs.25,000/- per month, which is very high. Therefore, taking into consideration the nature of injuries sustained by the claimant and in the light of the law laid down by the Hon'ble Supreme Court in the case of Syed Sadiq vs. United India Insurance Company, reported in 2014(1) TNMAc 459 (SC), wherein, the Hon'ble Supreme Court fixed the notional monthly income even in respect of a Vegetable Vendor at Rs.6500/-, who sustained injuries in the accident occurred in the year 2008, by applying the multiplier based on cost inflation index, in the absence of any proof for income, it would come more than a sum of Rs.13,000/- and hence, this Court feels it appropriate to fix the notional income of the appellant at a sum of Rs.12600/-. Thus, by adding 10% towards future prospects and by applying multiplier 17, the compensation towards 'disability' works out as follows: 12600x10/100x17x12=Rs.2,57,040/-. 10. Accordingly, the the compensation towards 'disability' is modified and enhanced from Rs.1,10,000/- to Rs.2,57,040/- and the compensation towards loss of earnings for two months, is modified from Rs.50,000/- to Rs.25,200/-. Thus, by adding 10% towards future prospects and by applying multiplier 17, the compensation towards 'disability' works out as follows: 12600x10/100x17x12=Rs.2,57,040/-. 10. Accordingly, the the compensation towards 'disability' is modified and enhanced from Rs.1,10,000/- to Rs.2,57,040/- and the compensation towards loss of earnings for two months, is modified from Rs.50,000/- to Rs.25,200/-. As regards the compensation awarded under the other heads appears to be just and reasonable and hence the same stands confirmed. 11. Accordingly, the compensation awarded by the Tribunal is modified as follows: S. No Particulars Compensation awarded by the Tribunal (Rs.) Compensation awarded by this Court (Rs.) 1 Disability 1,10,000 2,57,040 2 Medical Expenses 2,96,614 296614 3 Pain and Sufferings 40,000 40,000 4 Transport Expenses 4,000 4,000 5 Extra Nourishment 10,000 10,000 6 Attendant charges 11,100 11,100 7 Damage of Cloths 1,000 1,000 8 Loss of amenities 10000 10000 9 Loss of earnings 50000 25200 Total 5,32,714 6,54954 12. Accordingly, the compensation awarded by the Tribunal stands enhanced from a sum of Rs.5,32,714/- to Rs.6,54,954/-. 13. In the result, this Civil Miscellaneous Appeal is partly allowed and the respondent is directed to deposit a sum of Rs.6,54,954/- along with interest and costs, less the amount already deposited, if any, within a period of 6 weeks from the date of receipt of a copy of this judgment, to the credit of MCOP.No.3168 of 2017 on the file of the Motor Accident Claims Tribunal, The III Court of Small Causes, Chennai. Further, the claimant shall pay necessary Court fee, if any, on the enhanced compensation. Thereafter, the Tribunal is directed to immediately transfer the entire amount to the bank accounts of the claimant by way of RTGS, within a period of 3 weeks from the date of deposit and from the date of receipt of the Bank details obtained for the claimant or application for withdrawal from the claimant, whichever is earlier. No costs.