RAJEEVAN P. M. Vs. P. NANDAKUMAR

JUDGEMENT

(1.) The appeal arises out of the award passed by the Motor Accident Claims Tribunal, Thalipparamba, in O.P.(MV) No.649/2018.

(2.) The brief facts necessary for the disposal of the appeal are as follows: The appellant/claimant, claiming to be a Rubber Tapper, met with an accident on 5/1/2018 at about 7 AM, while riding his motorcycle bearing Reg.No.KL-59-D-1742 from Chullipalla to Manakkadavu and when he reached near Chullipalla, another motorcycle bearing Reg.No.KL-59-P-2252 came in a rash and negligent manner and hit against the motorcycle of the claimant. The appellant contended that he was earning a monthly income of Rs.25,000.00 and in support of his contention, produced Exts.A1 to A6 documents. No oral or documentary evidence was adduced on the side of the Insurance Company. The Tribunal, on appreciation of facts and evidence, found that the claim of the appellant that he was earning Rs.25,000.00 was not proved and therefore proceeded to fix the notional income at Rs.9,000.00 and granted a total compensation of Rs.2,77,846.00.

(3.) Aggrieved by the insufficiency in the grant of compensation, the appellant approached this Court in the present appeal.