ASHRAF K S/O MUHAMMED Vs. THE MANAGER

JUDGEMENT

(1.) The claimant in OP(MV) 444/2012 on the files of the Motor Accidents Claims Tribunal, Kalpetta is before this court. The challenge is against the quantum of compensation awarded by the tribunal.

(2.) The case in a nutshell is that the appellant herein met with a motor vehicle accident on 3.2012 at Mundoor on Palakkad-Kozhikode road. His case is that he was driving the lorry bearing registration KL-58/1127 through the said road, while so, another lorry bearing registration No.KL IIV/0189 came from the opposite direction and hit against the lorry and in that accident he sustained grievous avulsion injuries including fracture of femur. It is the case of the appellant/claimant that he sustained a permanent disability of 12% due to the injuries sustained in the accident. Even though he claimed a total compensation of Rs. 7 lakhs, only a sum of Rs. 2,80,396/- was awarded by the M.A.C.A. No. 2365 of 2014 tribunal. It is also submitted before us that out of the said amount, Rs. 75,206/- was awarded towards reimbursement of medical and miscellaneous expenses. Even though the appellant was a heavy vehicle driver, who met with the accident while driving the vehicle, only a notional income of Rs. 6,000/- was considered by the tribunal. The accident was in 201

(3.) We heard the learned counsel appearing for the insurance company.