LUCKOSE E.J Vs. RASHEED

JUDGEMENT

(1.) DISSATISFIED with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Kalpetta in O.P.(MV) No.695/2000, the claimant in that O.P.(MV) has filed this appeal seeking enhanced compensation. The appellant suffered serious injuries in an accident on 23.12.1999, consequent to which he suffered disability also. The appellant's contention is that the appellant was hospitalised for a period of four months and he suffered the following injuries which is proved by Ext.A4 wound certificate.

(2.) BY Ext.A6 Disability Certificate, the doctor who treated him certified disability of 8%. But the Tribunal arbitrarily reduced it to 4% and awarded compensation only for 4% disability which is unsustainable. The appellant also disputes the monthly income fixed by the Tribunal. According to the appellant, the appellant was employed in a Co-Operative Society and he had proved Ext.A11 Salary Certificate showing that his monthly salary was Rs.5,673.00 (Rupees Five Thousand Six Hundred and Seventy Three only), as against which the Tribunal admitted only Rs.3,000.00, which is unsustainable. The petitioner was given only Rs.1600.00 towards loss of earnings. It is further submitted that for a bystander, only Rs.430.00 was awarded. For extra nourishment, despite having been hospitalised for four months, he was granted only Rs.500.00. As far as pain and suffering is concerned, the appellant was granted only Rs.3,000.00 which is palpably low, is the contention raised.

(3.) AS far as a fixation of salary is concerned, it appears that the salary certificate was signed by the appellant himself. Since the appellant was an employee of a Co-Operative Society, if the contention of the appellant was correct, nothing prevented the appellant from producing records of the society to prove his monthly salary. In the absence of any such evidence, we are not inclined to interfere with the notional fixation of the salary of the appellant as Rs.3,000.00.