KESAVAN KUTTY Vs. BIJUMON

JUDGEMENT

(1.) THIS appeal is filed by the claimant for enhancement of compensation awarded by the Motor Accidents Claims Tribunal ('the Tribunal' for short) in an application filed by him under Section 166 of the Motor Vehicles Act ('M.V.Act' for short).

(2.) ACCORDING to the claimant, he sustained serious injuries in a motor accident on 30.03.2002 while he was travelling in a bus. The bus overturned by the rash and negligent driving of the 1st respondent. The driver, owner and the insurer of the vehicle are respondents 1 to 3 and a total amount of Rs.2 lakhs is claimed against them, under various heads.

(3.) HEARD both sides. Perused the records. Learned counsel for the appellant argued that learned Tribunal committed an error in fixing Rs.2000/- as the monthly income whereas appellant has given evidence before the Tribunal that he is a 'Maistry' and getting Rs.200/- per day. Taking into account the evidence adduced by the claimant, the monthly income has to be enhanced for computing the compensation for disability, it is submitted.