C V MOOSAN Vs. PILATHODAN MUHAMMAD KUNHI

JUDGEMENT

(1.) THE claimant is the appellant.He claimed compensation for personal injuries suffered by him in a road traffic accident which took place on 26/5/2000. He claimed an amount of Rs.6 lakhs as compensation.

(2.) THE Tribunal came to the conclusion that the appellant/ claimant is entitled only for an amount of Rs.3,06,000/- as per the details given below:

(3.) WE have considered all these contentions. It is not seriously disputed that the appellant was employed abroad prior to the accident. Subsequently also he continues to be employed abroad.The Tribunal has accepted that he must have been involuntarily unemployed on account of the accident for a period of six moths. The only challenge is about the rate of monthly income.It is certainly for the appellant to adduce sufficient evidence to show his monthly income. No evidence was forthcoming.In these circumstances, the Tribunal appears to have felt that only Rs.2,000/- per mensem can be reckoned as monthly income. Though there is a contention that the appellant had lost his employment because of the injury/ treatment, it is conceded, in the course of trial, that the appellant continues to be employed abroad. The short question is whether the Tribunal, even in the absence of any better evidence, should have reckoned a higher amount as monthly income to compute the loss of earnings.