ORIENTAL INSURANCE COMPANY LIMITED Vs. REJAN RAJU, THUMBAPARAMBIL

JUDGEMENT

(1.) THE Insurance Company in O.P(MV) No. 1/2008 before the Motor Accidents Claims Tribunal, Pala, is the appellant herein. On account of the negligent driving of the vehicle involved in the accident, the respondent in this appeal sustained injuries. He filed the O.P seeking compensation for the injuries and consequent disability suffered by him. The respondent claimed that he is a diploma holder in Engineering and was employed with a private firm in Kuwait earning a monthly salary of Rs. 24,140.00. In proof of the same, he produced Ext. A13 certificate purported to be issued by the private employee and signed before the Indian Consulate in Kuwait. The Tribunal accepted the said document as validly proved and fixed his monthly income for the purpose of loss of earnings as Rs. 24,140.00 and granted Rs.1,44,850.00 as compensation towards loss of earnings. On the basis of a medical certificate certifying 19% disability, the Tribunal awarded compensation for permanent partial disability taking Rs.10,000.00 as monthly income apparently because on account of the injury, the respondent lost his job in Kuwait. The appellant challenges the quantum of compensation awarded by the Tribunal.

(2.) THE challenge is in respect of fixation of monthly income. It is submitted that Ext.A13 certificate has been issued by a private employer in Kuwait, which has not been legally proved in evidence. Therefore, the Tribunal could not have fixed the monthly income as Rs. 24,140.00 merely on the basis of Ext.A13 document. It is further pointed out that the Tribunal has, after calculating compensation for physical disability on the monthly income of Rs. 10,000.00 p.m. for the purpose of granting compensation for loss of earnings, took the monthly income as Rs. 24,140.00, which cannot be sustained.

(3.) WE have considered the rival contentions in detail.