AKASH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claimant in OP(MV) No.1462/2017 on the files of Motor Accidents Claims Tribunal, Neyyattinkara is the appellant herein.

(2.) The facts for the disposal of the appeal are as follows:- On 14/10/2017 at about 9.45 a.m., while the claimant was riding his motorcycle bearing registration No.KL-01/AR-5501 from Panachamoodu to Vellarada and when he reached near panchayat office, Panachamoodu, a tipper lorry bearing registration No.KL17/P-9717 came from the opposite direction hit against the motorcycle of the claimant. Immediately, the claimant was taken to the Medical College Hospital, Karakkonam and thereafter was referred to Medical College Hospital, Thiruvananthapuram, where he was admitted and treated. The claimant contended that he is a coolie worker and was earning a sum of Rs.15,000.00 per month. In support of his contentions, the appellant/claimant produced Exts.A1 to A55 documents. On behalf of the insurance company, copies of the driving licence and insurance policy were marked as Exts.B1 and B2, respectively. No oral evidence was adduced on the side of either parties. In the light of the injuries suffered by the appellant/claimant, the claim for permanent disability was raised based on Ext.A37 certificate of disability issued from General Hospital, Thiruvananthapuram.

(3.) The tribunal, on appreciation of evidence, found that the claimant could not adduce evidence to prove his income and therefore proceeded to fix the notional income at Rs.9,000.00 per month and granted the following compensation: