K I ISSAC Vs. DEVADASAN

JUDGEMENT

(1.) THE appellant, an agriculturist sustained the following serious injuries when he was hit down by a bus driven rashly and negligently by the first respondent:-

(2.) THE bus was duly insured with the third respondent Insurance Company and the appellant's grievance is that the Motor Accidents Claims Tribunal did not award him adequate compensation. He claimed a total amount of Rs. 2 lakhs under various heads and the Tribunal awarded him only Rs. 51,000/- together with interest at the rate of 9% per annum. According to him, the compensation awarded by the Tribunal under all heads is inadequate.

(3.) LOSS of earnings has been calculated by the Tribunal adopting the notional income of Rs. 1,500/- per mensem for period of three months. While the notional income adopted by the Tribunal is alright, we are of the view that the appellant should have been awarded loss of earnings for four months. We therefore, award to the appellant Rs. 1,500/- more towards loss of earnings.