BINEESH P.B. Vs. A. VIDHYASAGAR

JUDGEMENT

(1.) The appellant filed O.P. (M.V.). No. 939/2005 before the Motor Accidents Claims Tribunal, Irinjalakuda, claiming compensation for the injuries and consequent disability suffered by him 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. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:

(2.) The learned counsel for the insurance company would dispute the claims of the appellant. He would submit that the Tribunal has considered every aspect of the matter in the right perspective and the Tribunal has awarded just and fair compensation under all heads.

(3.) We have considered the rival contentions in detail. We are of opinion that despite absence of evidence, a mason aged 25 years, in 2005, can be expected to fetch much more than Rs. 2,000/- per month as income going by the general standards in our society prevailing then. Therefore, we re-fix the income as Rs. 3,000/- per month. The assessment of loss of earning capacity cannot be a mere arithmetical exercise by converting the disability certified by the doctor into a whole body disability. It has to be decided based on the effect of the disability on the avocation of the claimant and his capacity to earn income with that disability. In this case, in Ext. A9 disability certificate, which has been accepted by the Tribunal, it is certified as follows: