BALAN T.K Vs. SALIM

JUDGEMENT

(1.) APPELLANT seeks enhancement of compensation for the injuries he has suffered in the accident on 26.07.2007. He was riding on the pillion of a motor cycle. The car driven by the 1st respondent hit the motor cycle. The Motor Accidents Claims Tribunal, Ottappalam (for short, "the Tribunal") found that the accident occurred due to the negligence of the 1st respondent.

(2.) THE appellant was aged 37 years at the relevant time, stated to be a goldsmith earning Rs.5,000/- per month. But no sufficient evidence was produced in that regard. Hence the Tribunal took Rs.3,000/- as the monthly income. Exhibits A10 and A13 are the wound certificate and discharge summary. It is seen that the appellant suffered fracture of superior rami (L) pubis and underwent inpatient treatment from 26.06.2007 to 29.06.2007. Appellant produced Ext.A16 to show that he has 5% permanent disability and Ext.A15, certificate to show that he has spent Rs.4,652/- for treatment. The Tribunal however rejected Ext.A16 for the reason that it was issued from another hospital and the Doctor who issued it was not examined.

(3.) LEARNED counsel for the 2nd respondent has supported the finding of the Tribunal.