MUSTHAFA Vs. A. USMAN, S/O.MOIDU

JUDGEMENT

(1.) THE claimant in O.P.(M.V.)No.525/2001, before the Motor Accidents Claims Tribunal, Kalpetta is the appellant herein. On 15.08.2001, he met with an accident on account of the negligent driving of a vehicle owned by the 1st respondent and insured with 2nd respondent. For the injuries suffered by him and consequent disabilities, the appellant claimed compensation by filing the O.P. After finding negligence on the part of the driver of the vehicle, the Tribunal awarded the following compensation under various heads :

(2.) THE counsel for the appellant submits that the appellant was an autorickshaw driver by profession and he was earning a monthly income of Rs.3,500/-. But the Tribunal has arbitrarily fixed the same as only Rs.2,100/-. According to the counsel for the appellant, the appellant had produced Ext.A10 disability certificate, certifying 30% permanent disability to his left eye, despite which, the Tribunal has restricted the compensation for the loss of earning capacity to only Rs.20,000/- without following any formula for fixing the same, depending on the income, multiplier and percentage of disability. It is also submitted that no amount has been awarded for loss of amenities in life, on account of the disability suffered by the appellant. 2. We have heard the learned counsel appearing for the insurance company also.

(3.) THE appellant suffered the following injuries :