T.V. FRANCIS Vs. PRASANTH,

JUDGEMENT

(1.) THE claimant in O.P. (MV) No. 393/2008 before the Motor Accidents Claims Tribunal, Pala, is the appellant herein. He suffered very serious injuries including head injuries in an accident caused by the negligent driving of a vehicle owned and driven by respondents 1 and 2 and insured with the 3rd respondent. He filed the O.P. claiming compensation for the injuries and disabilities suffered by him. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:

(2.) WE have heard the learned counsel for the Insurance Company also, who argues for sustaining the impugned award.

(3.) IT is common knowledge that a rubber taper will not have work on every day. In fact, the rubber tapper's work is only on alternate days. The work would be seasonal also. In the above circumstances, in the absence of any reliable evidence regarding the income of the appellant, the fixation of monthly income of Rs. 3,000/ - appears to be in order.