LAWS(KER)-2013-6-162

N.VILASINI Vs. ABDUL SALAM

Decided On June 21, 2013
N.Vilasini Appellant
V/S
ABDUL SALAM Respondents

JUDGEMENT

(1.) THE appeal arises from the award dated 22.09.2012 in O.P(M.V). No.412 of 2012 of the Principal Motor Accident Claims Tribunal, Kozhikode (for short, "the Tribunal"). The appellant/claimant is aggrieved by the quantum of compensation awarded.

(2.) THE accident occurred on 08.01.2011. The bus in which the appellant was travelling was hit by another bus driven by the second respondent. The Tribunal found that the accident was due to the negligence of the second respondent, fixed compensation payable at Rs.45,693/-, found the respondents 1 and 2 liable and directed the third respondent to deposit the amount.

(3.) THE appellant, it is claimed was working as a Sweeper in a private firm allegedly earning Rs.6,000/- per month but no evidence regarding that was produced. The Tribunal fixed the monthly income at Rs.2,500/-. The appellant was aged 59 years at the relevant time. Though, documentary evidence of income was not produced, having regard to the age of the appellant and her occupation, her monthly income could be fixed at Rs.3,000/-.