SASIKUMAR Vs. KRISHNANKUTTY AND ORS.

JUDGEMENT

(1.) The appellant is the injured in an accident which occurred on 14.9.2000. He was walking along a public road and was hit by a tempo van driven by the second respondent. Serious injuries were caused to the appellant including head injury, fracture humerus and fracture right ulna. He was initially admitted in the Aswini Hospital, Thrissur, where he was inpatient for 12 days and he underwent brain surgery also. For better treatment, he was removed to Government Hospital, Erode where was inpatient for 22 days. It was claimed that he was aged 29 at the time of the accident and was working as Secretary in a Milk Society earning Rs. 3,500/- per month.

(2.) The learned counsel for the appellant Sri. P.V. Chandramohan submitted that the Tribunal has arrived at the monthly income only at Rs. 2,000/- which is totally inadequate. It is also submitted that the Tribunal even though arrived at the percentage of disability based on three certificates finally reduced it to 20% from 32.32 %, which is not justifiable. It is also submitted that the doctor was examined as PW1 and his evidence was also available before the Tribunal. It is clear from the discussion of evidence that the appellant sustained the following injuries, which is supported by Ext.A6, copy of the wound certificate:

(3.) The monthly income is calculated at Rs. 2,000/- as already pointed out by the learned counsel for the appellant. Evidently, he was a daily wage earner in a milk society. Of course, the learned counsel for the appellant has got a case that the appellant was earning the income throughout the month since it is a milk society, but for the purpose of awarding compensation, this Court will have to weigh various aspects. We therefore fix the monthly income at Rs. 2,500/- considering the nature of the employment. As far as fixation of total compensation is concerned, the Tribunal has fixed it at Rs. 1,47,350/-. The following are the heads under which compensation has been arrived at: