DEEPA Vs. HARIS AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) No. 913 of 2008 of the Motor Accidents Claims Tribunal, Perumbavoor. Appellant sustained injuries in a motor accident on 10.01.2008 and the learned Tribunal awarded a sum of Rs. 80,730/- with interest and cost as compensation. Being aggrieved by that, the injured preferred this appeal.

(2.) Appellant's case is that, on the date of accident, while she was travelling in an autorickshaw, at that time, another vehicle KL-7/K-6746, came in a rash and negligent manner, hit against the autorickshaw as a result, the passengers in the autorickshaw sustained serious injuries. The insurer admitted the insurance of the vehicle. It is contended that the driver of the autorickshaw had driven the vehicle without a valid driving licence. The Mini Lorry bearing registration No. KL-7/K-6746 was plying without a fitness certificate. O.P.(MV) Nos. 913 of 2008 and 914 of 2008 were tried jointly. The documents in both cases were marked as Exts.A1 to A13 series. Respondents did not adduce any evidence.

(3.) Learned counsel appearing for the appellant contended that at the time of accident, the appellant was working as a Clerk in the office of the Cable Vision Net Work, Kalady and was earning an amount of R. 7,500/- as her monthly income, but while awarding compensation, the tribunal took only Rs. 2,000/- as her monthly income. The Doctor assessed 10% disability, but the learned Tribunal reduced it to 3%. Hence, appellant is entitled to get just amount as compensation.