NARAYANAN K Vs. SHAJI AND ORS

JUDGEMENT

(1.) Claimant is the appellant. He claims compensation for loss suffered by him on account of personal injuries which he suffered in a motor accident that took place on 1.12.2001. Against the claim of 16,63,000/- the Tribunal awarded an amount of 5,17,000/- as per the details shown below :- <FRM>JUDGEMENT_316_LAWS(KER)7_20111.htm</FRM>

(2.) The claimant claims to be aggrieved by the quantum of compensation awarded. Called upon to explain the nature of challenge that appellant wants to mount against the impugned award, the learned counsel for the appellant submits that the appellant is aggrieved against the quantum of monthly earning reckoned by the Tribunal. Only an amount of 2,000/- was reckoned as monthly income. This is accordingly unjustifiable and perversely insufficient. It is claimed that as a graduate employed as a Sales Executive by a company at Chennai, of which PW1 is the Manager who in turn had issued Ext.A15 to confirm, the appellant was earning a monthly income of 15,000/- at the time of the accident. The Tribunal ignored the evidence of PW1 and Ext.A15 completely and drew a presumption that the appellant must have been earning a monthly income of 2,000/- per mensum. This Court may please find that the Tribunal has erred in this context.

(3.) It is submitted that the said inadequacy has reflected on the loss of earnings awarded at 24,000/- as also the loss of earning capacity which described as disability in the tabular column above. These inadequacies may be rectified and the compensation amount under these heads may be enhanced, submits the learned counsel for the appellant.