UNITED INDIA INSURANCE COMPANY LTD Vs. FRANCIS CHAKANTH

JUDGEMENT

(1.) UNDER challenge in these appeals is the award passed by the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) No.714 of 1999. MACA No.2005 of 2006 is filed by the insurer and MACA No.2267 of 2008 is filed by the claimant.

(2.) ALLEGEDLY, while the claimant was riding a motor cycle on 15.10.1999, he was hit down by a bus coming from the opposite direction.

(3.) THE accident is admitted. The driver of the bus was found negligent. As the insurer of the bus has admitted the policy, they were saddled with the liability of paying compensation. It was argued by the learned counsel for the Insurance Company that for arriving at the compensation for permanent disability, the learned Tribunal fixed the monthly salary of the claimant as stated in Ext.A18 salary certificate. The claimant is a Village Extension Officer and he was aged 36 years at the relevant time.