PRATHAPAN R.V. Vs. BALACHANDRAN PILLAI

JUDGEMENT

(1.) AN unfortunate 22 year old youth, who became a paraplegic because of injuries suffered 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, is the appellant herein. He filed O.P. (M.V.) No. 924/2006 before the Motor Accidents Claims Tribunal, Kollam, claiming compensation for the injuries and consequent disability suffered by him in the accident. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:

(2.) ON the other hand, the learned counsel for the insurance company would vehemently argue that the Tribunal has considered every aspect of the matter in the right perspective and no interference is called for at the hands of this Court on the amount of compensation fixed by the Tribunal.

(3.) AS far as the avocation and income of the appellant are concerned, the appellant did not have any consistent case. Of course, he had examined some persons to prove his employment and income. But before the medical board, who examined him, he submitted that he was working as an LIC agent. In view of the contradictory statements before different authorities, we are not inclined to interfere with the monthly income of Rs. 5,000/ - fixed by the Tribunal, which includes future prospects as well. But after fixing the income as Rs. 5,000/ -, the Tribunal could not have reduced the same further to Rs. 3,000/ - for the purpose of calculating loss of earning capacity. Of course, it is true that the medical board has certified physical disability of 80%. But the medical board has stated that the disability suffered by the appellant are as follows: