C.K. YACOB Vs. K. MANIKANTAN

JUDGEMENT

(1.) THE claimant in O.P(MV) No. 870/2003 before the Motor Accidents Claims Tribunal, Ernakulam is the appellant herein. He filed the O.P. seeking compensation for the injuries and disabilities suffered by him in a motor accident caused by the negligent driving of a vehicle driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. After finding negligence on the part of the driver of the vehicle, the Tribunal awarded compensation under various heads as follows:

(2.) THE first contention raised by the appellant is that the Tribunal arbitrarily fixed the monthly income of the appellant to Rs. 2,500.00 as against a claim of Rs. 3,000.00. According to the counsel for the appellant, the appellant was an agriculturist, who was earning much more than Rs. 3,000.00 p.m. and therefore the Tribunal ought to have fixed Rs. 3,000.00 as the monthly income of the appellant. The second contention is that the Tribunal has not adopted the correct multiplier in assessing the compensation for loss of earning capacity. The Tribunal mistakenly took the age of the appellant as on the date of the accident as 57 years instead of 52 years and fixed the multiplier as 8 instead of 11. Lastly, it was contended that the compensation for loss of amenities and convenience is on the lower side.

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