RAVI Vs. NEW INDIA ASSURANCE CO.LTD,

JUDGEMENT

(1.) THE petitioner in a motor accident claim is the appellant herein. He has suffered injuries in a motor accident on 27.12.2004 involving a vehicle insured with the respondent-Insurance Company. The appellant was a toddy tapper by profession. He claimed Rs.4,000.00 as his monthly income. He was hospitalised for four days. He suffered fractures to his vertebral column at the lumbar region. The Tribunal awarded compensation under various heads as follows:

(2.) THE appellant is challenging the adequacy of the compensation awarded. The counsel for the appellant submits that the Tribunal went wrong in reducing the monthly income to Rs.2,000.00 instead of accepting the claim of Rs.4,000.00. Considering the serious injuries sustained by the appellant, the Tribunal went wrong in limiting the compensation for pain and sufferings to Rs.6,000.00 and the compensation for loss of amenities to Rs.1,000.00. According to the appellant, he gave oral evidence to the effect that even now he is unable to climb coconut trees for his avocation. Therefore, he was entitled to compensation on account of the loss of earning power as well, which was not awarded, is the contention raised.

(3.) THERE is no evidence other than the interested testimony of the appellant himself regarding his monthly income. In the above circumstances, we do not find anything wrong in the Tribunal fixing the monthly income notionally as Rs.2,000.00 per month. But it is an admitted fact that the appellant was hospitalised for four days. For four days' hospitalisation, the award of compensation for loss of earnings for two months appears to be correct. Therefore, there cannot be any addition in respect of the same.