VASANTHA KUMAR Vs. MOHAMMAD HASSAIN

JUDGEMENT

(1.) The claimant in M.V.C. No.110/2019 on the file of the Motor Accident Claims Tribunal-II, Ballari (for short 'the Tribunal'), is assailing the judgment and award dtd. 20/2/2020 and is seeking enhancement of the compensation being dissatisfied with the compensation awarded by the Tribunal.

(2.) Since the date of accident and liability of the insurer is not in dispute, detailed reference to the facts of the case is not required. The Tribunal awarded the compensation under the following heads:

(3.) The claimant is seeking enhancement of the compensation on the ground that the Tribunal has erred in taking Rs.9,000.00 as monthly income as against the claim of Rs.20,000.00 per month made by the claimant. The records would indicate that the claimant did not produce any document to prove his income of Rs.20,000.00 per month as claimed. In the absence of income, the Tribunal has assessed the notional income of Rs.9,000.00 per month as the accident occurred in the year 2019. This Court does not find any fault with the notional income assessed by the Tribunal. However, it is noticed that the Tribunal has taken the disability of the claimant at 90% as against the claim of 100% disability.