SUNNY Vs. THE NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 1179 of 2013 of the Motor Accidents Claims Tribunal, Irinjalkuda by the injured. Appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs. 2,25,840/- (Rupees Two Lakh Twenty Five Thousand Eight Hundred and Forty only) with 9% interest and proportionate cost. Being aggrieved by that, the injured preferred this appeal.

(2.) There was no dispute with regard to the accident in the lower court. Claimant's case in the lower court was that on 29.09.2013 at 9.45 a.m., while he was travelling in KL-11/M-4689, another vehicle KL-8/J-1726 driven in a rash and negligent manner hit against his vehicle, as a result he sustained serious injuries. The driver and owner of the offending vehicle were exparte in the lower court. The insurer admitted the insurance of the vehicle. Claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A11. The disability certificate was marked as Ext. A11.

(3.) Learned counsel appearing for the appellant contended that the injured was a construction worker and was getting Rs. 15,000/- per month, but the learned Tribunal took only a meagre amount as his monthly income for awarding compensation.