MUHAMMED, PACKER Vs. SHAJU P CHARLY AND ORS

JUDGEMENT

(1.) Claimant is the Appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 15.04.1998. He had suffered compound comminuted fracture of both bones of right leg upper 1/3. He was an inpatient for 70 days. He suffered permanent disability also as a result of the accident. 10% is the permanent disability suffered.

(2.) The Tribunal against a claim of Rs. 4 lakhs awarded an amount of Rs. 1,11,500/- as compensation as per the details shown below: <FRM>JUDGEMENT_148_LAWS(KER)8_20111.htm</FRM>

(3.) Quantum is the only ground of challenge. Called upon to be specific, the learned Counsel for the Appellant assails the conclusion of the Tribunal that Rs. 2,000/- per mensem can be reckoned as the monthly income as on 15.04.98. The Appellant claims to be a soda maker. No. better evidence was produced in support of his income. The Tribunal, in these circumstances, drew the presumption of prudence that the monthly income of the Appellant can be reckoned at Rs. 2,000/- per mensem. We are unable to find any such inadequacy/defect/error in that presumption of prudence drawn by the Tribunal. The challenge on this ground cannot succeed.