NATIONAL INSURANCE COMPANY LTD Vs. K FAISAL

JUDGEMENT

(1.) The Insurance Company complains that the Tribunal has awarded excessive compensation to the first respondent who was a claimant before the Motor Accidents Claims Tribunal. The first respondent while working as counter staff with M/s Thaibah Travels met with the accident which was attributable to the negligence on the part of the driver of a vehicle which was insured with the appellant company. He claimed a total compensation of 3 lakhs as compensation and the Tribunal awarded 95,000/- as compensation. Grounds are raised assailing the award of compensation by the Tribunal under various heads. But in his submissions Sri.Rajan P. Kaliyath, the learned counsel for the appellant would give more thrust to the ground that the Tribunal ought not have awarded 30,000/- towards loss of earnings. According to Sri.Rajan no acceptable legal evidence was adduced by the 1st respondent to show that on account of the injury he was prevented from discarding his duties in the Travel Agency and that he was therefore deprived of his monthly income.

(2.) We find some force in the above submission of Sri.Rajan which are not resisted by anybody at the bar. At the same time, having noticed the gravity of the injuries, we feel that it is highly probable that the 1st respondent lost his earnings for at least four months (at the rate of 5,000/- per mensem). This means that the total sum of 30,000/- awarded towards loss of earnings will stand reduced by 10,000/-. In short the total compensation of 95,000/- awarded by the Tribunal under the impugned award becomes reduced to 85,000/-. The impugned award is modified to the above extent. In all other respects the impugned award will stand. The appeal is allowed to the above limited extent only. No costs.