V.K. ANANDAKUTTAN Vs. THOMAS T.K. AND THE UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER

JUDGEMENT

(1.) PETITIONER in O.P. (MV) No. 1349/2005 on the file of the Motor Accidents Claims Tribunal, Ernakulam, is the appellant herein. The appellant preferred the claim for compensation for the injuries and consequential disabilities sustained by him in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by the 1st respondent, who is the owner of the vehicle as well, and insured with the 2nd respondent. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the 1st respondent and awarded a total compensation of Rs. 1,90,200/ - (wrongly shown as 1,90,000/ - in the result portion of the award) on various heads as follows:

(2.) COUNSEL for the appellant submitted that the appellant was working as an assistant in a document writer's office and getting a monthly income of Rs. 10,000/ - and it was proved by producing Ext. A5 certificate and PW 2 was examined to prove that fact. But, the Tribunal has taken only Rs. 3,000/ - as his monthly income, which is very low. The disability certificate issued by the medical board assessed the disability as 18%, but the Tribunal awarded only Rs. 25,200/ - under the head 'permanent disability', which is also on the lower side. The amounts awarded under the heads pain and suffering, loss of amenities in life, medical expenses, transport to hospital, etc., are also on the lower side. According to the learned counsel for the appellant, the appellant is entitled to enhancement on all heads.

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