RAMESH RAGHAVAN Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.1231 of 2011 of the Motor Accidents Claims Tribunal, Pathanamthitta by the injured. The appellant sustained injuries in a motor accident on 13.10.2011 while he was driving an auto rickshaw KL-2/H-3024 and the learned tribunal awarded an amount of Rs.3,15,153/- (Rupees three lakh fifteen thousand one hundred and fifty three only) as compensation. Being dissatisfied with the award amount, the injured preferred this appeal.

(2.) The claimant's case in the lower court was that, on 13.10.2011 at 12.30 p.m., while he was driving an auto rickshaw KL-02/H-3024 from Pattazhi to Kayamkulam through Adoor-Kayamkulam public road and reached at Chennamppalli, a car KL-03/Q-7118 driven in a rash and negligent manner hit against the auto rickshaw, as a result, he sustained serious injuries in the accident. There is no dispute with regard to the accident. The appellant did not adduce any oral evidence to prove his income and disability. But his documents were marked as Exts.A1 to A16. Respondent/Insurer did not adduce any oral and documentary evidence.

(3.) Learned counsel appearing for the appellant contended that the injured is an auto rickshaw driver and he was earning an amount of Rs.18,000/- per month but the learned tribunal took only Rs.6,500/- as his monthly income and awarded a meagre amount as compensation. It is also submitted that the appellant sustained 30% loss of vision which may be increased to 100% in view of the decisions reported in S.Suresh v. Oriental Insurance Co. Ltd. (JT 2009 (14) SC 359), New India Assurance Co. Ltd. v. Santhosh 2011 (2) KLT 747 and Rajendran M. v. Union of India (ILR 2018 (1) Kerala 81).