DIVISIONAL MANAGER RELIENCE GENERAL Vs. AMEER HAMSA

JUDGEMENT

(1.) These two cross appeals are filed by the claimant as well as the insurance company, challenging the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram (hereinafter referred to as 'the Tribunal), dtd. 26/8/2020 in O.P.(M.V.) No.2950 of 2016.

(2.) The claimant - Ameer Hamsa, met with an accident on 24/6/2016, while he was walking along the Kamaleswaram - Thiruvallom main road. He suffered serious injuries. He filed the claim petition before the Tribunal, essentially contending that he was working as a Quality Control Officer in Saudi Arabia and earning a monthly income of around Rs.75,000.00. Various documents were also produced in support of the afore claim. The Tribunal, by the impugned award, found that insofar as no authenticated document was produced in support of the claim as regards the monthly income, as well as the educational qualifications, only an amount of Rs.15,000.00 per month could be fixed as the notional income of the claimant. Similarly, as regards the disability certificate at Ext.A16, which quantified the permanent disability at 88%, the Tribunal, after noticing the fact that the claimant was 'mobilised in a wheel chair' and that he was not in a position to speak with clarity or walk without support when he was produced before the Tribunal, ultimately assessed the functional disability at 75% for the purpose of determining the compensation. In such circumstances, against the total claim of Rs.40,00,000,.00 the Tribunal has awarded an amount of Rs.30,79,320.00.

(3.) Sri.Mathews Jacob, the learned senior counsel for the appellant - insurance company, assisted by Smt.Preethy R.Nair would contend that the fixation of the notional income of the claimant at Rs.15,000.00 per month by the Tribunal was without any justification. He would also contend that insofar as no valid evidence as regards the claim of monthly income of Rs.75,000.00 was produced, the Tribunal, at best, could have only awarded the compensation in accordance with the principles laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236].