E N SUDHEESH Vs. SANKARANARAYANAN

JUDGEMENT

(1.) THE appellant, a 37 year old Accountant working in Kuwait met with a road traffic accident on 02/01/2000 while he was at his native place on leave. Allegedly while he was travelling by a car it collided with a bus owned by the respondent Corporation. Against the claim of Rs. 30 lakhs, the learned Tribunal awarded a sum of Rs. 1,68,340/- as compensation. The adequacy of compensation is under challenge in this appeal.

(2.) WE have heard the learned counsel for the appellant and the learned Standing Counsel appearing for the second respondent KSRTC. The impugned award was also perused.

(3.) ACCORDING to the appellant, he was earning a monthly income equivalent to Rs. 93,000/- as he was an Accountant in Kuwait. It is in evidence that he is a B.Com Graduate. Actually the accident occurred while the appellant was on leave. It is submitted by the learned counsel for the appellant that because of the injuries and the resultant hospitalisation he could not rejoin duty and he lost his job abroad. For awarding compensation for loss of earning as well as for permanent disability a monthly income has to be fixed. Considering the age of the appellant as well as his educational qualification, we fix his monthly income at Rs. 3,500/- under the presumption that he might have earned at that rate had he been employed in India during the relevant time. Presumably he might not have been able to go for work at least for nine months. So we are awarding compensation for loss of earnings at the rate of Rs. 3,500/- per month for nine months which will come to Rs. 31,500/-. As the learned Tribunal has awarded only a sum of Rs. 12,000/-, the appellant will be entitled to get an additional sum of Rs. 19,500/- under that head. Hence, we award that amount to the appellant towards loss of earning.