JOBY T.A. Vs. DAISON M.D.

JUDGEMENT

(1.) A wholesale vegetable merchant in Sakthan Thampuran Market, Thrissur complains that the learned Motor Accidents Claims Tribunal did not award him adequate compensation for the injuries sustained by him in a road traffic accident. Under the impugned award the learned Tribunal has found that the injuries occurred on account of the negligence of the rider of the scooter in which the appellant was travelling as a pillion rider in respect of which the 2nd respondent Insurance Company had issued a policy. As against a total claim of Rs. 4,38,000/ -, the learned Tribunal awarded a sum of Rs. 1,64,200/ - only. In the appeal it is urged that the compensation awarded under various heads, particularly under the head of disability is inadequate.

(2.) WE have heard the submissions of Sri. P.V. Chandramohan, the learned counsel for the appellant and Sri. P. Jacob Mathew, the learned counsel for the Insurance Company. Sri. Chandra Mohan submitted that the learned Tribunal actually found that on the basis of documents produced by the appellant such as Income Tax returns and assessment orders, the appellant was drawing a monthly income of Rs. 6,500/ - from the wholesale vegetable business which he was conducting in the Sakthan Thampuran Market. Nevertheless the learned Tribunal took only notional income of Rs. 2,500/ - for arriving at the disability compensation as well as compensation to be granted towards loss of earnings. The learned counsel submitted that the amounts awarded by the Tribunal towards other heads are inadequate. It was submitted that no compensation was awarded towards loss of amenities.

(3.) WE have given our anxious consideration to the rival submissions addressed at the Bar. We find no way to accept the argument of Sri. Chandramohan that for the purpose of determining the disability compensation and loss of earnings the sum of Rs. 6,500/ - which was found by the learned Tribunal to be the monthly income of the appellant from his business should be adopted. As rightly argued by the learned counsel for the Insurance Company the evidence in the case falls short of holding that the wholesale business had to be closed down on account of the injuries sustained by the business. In the absence of such evidence, the learned Tribunal was justified in not adopting the monthly income. At the same time, we find that even though Ext.A8 disability certificate reported that the appellant sustained partial disability of 20%, the learned Tribunal would become inclined to take only 8% for the purpose of computing disability compensation.