JANARDHANAN ALIAS MOHAN Vs. AMBIKAVATHY

JUDGEMENT

(1.) THIS petition is to condone the delay of 1120 days in filing the appeal. We take a lenient view. Petition allowed. Delay condoned. Appropriate stipulations shall be made when we proceed to consider the appeal and deliver judgment. Heard. Admitted. Respondents are served. Petition to condone the delay has already been allowed.

(2.) THE claimant is the appellant. He is aggrieved by the quantum of compensation awarded to him for loss suffered by him on account of injuries in a motor vehicle accident. As against a total claim of Rs.1,50,000/-, only an amount of Rs.67,000/- was awarded with interest and costs.

(3.) THE learned counsel for the appellant submits that the appellant/claimant was an automobile technician. He is a mere wage earner. He does not incur any expenditure in connection with his employment. In these circumstances, the deduction of 1/3rd towards the personal expenses is not justified at all. THE concept of deduction of 1/3rd towards the personal expenses of a victim has relevance only when such victim is no more and the legal heirs/dependents stake the claim. Ordinarily, in employments which do not involve any special personal expenditure for the employee in connection with his employment, deduction of 1/3rd towards personal expenses while computing the compensation payable for personal injury is unjustified, contends counsel.