KRISHNANKUTTY @ UNNIKRISHNAN Vs. ABDUL JALEEL, S/O.PATHUMMA

JUDGEMENT

(1.) THE claimant in O.P(MV) No. 570/2006 before the Motor Accidents Claims Tribunal, Irinjalakuda is the appellant herein. He sustained injuries in a motor accident caused on account of the negligent driving of a vehicle owned and driven by respondents 1 and 2 and insured with the 3rd respondent. The Tribunal found that the accident occurred on account of the negligence on the part of the driver of the offending vehicle. Thereupon, the Tribunal assessed the compensation due to the appellant and fixed the compensation as Rs. 65,100.00 with interest and costs. The appellant is aggrieved by the quantum of compensation fixed by the Tribunal.

(2.) ACCORDING to the appellant, the appellant is 38 years old and was a driver by profession. He submits that he was earning Rs. 5000.00 p.m. as income. On account of the accident, he suffered serious injuries to his head and also to his leg. The appellant had produced medical certificates to the effect that he had suffered 41% permanent mental disability and 8% permanent physical disability. But the Tribunal fixed the income of the appellant as only Rs. 2000.00 p.m. and limited the compensation for disability to 4%. The appellant claimed compensation for loss of amenities, which was confined to Rs. 8000.00 by the Tribunal. The appellant is challenging the compensation fixed under the two heads.

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