LAWS(KER)-2018-5-320

JOSEPH SCARIA Vs. VISHNU

Decided On May 23, 2018
Joseph Scaria Appellant
V/S
VISHNU Respondents

JUDGEMENT

(1.) The accident was on 24.12.2011. The appellant who was riding on a bike was knocked down by another bike ridden by the first respondent. The said bike was driven in a rash and negligent manner. The vehicle was insured with the third respondent. The appellant sustained injuries in the accident including fractures. The above are facts either admitted or proved.

(2.) Heard Sri. Jacob E. Simon, the learned counsel for the appellant and Smt.

(3.) The appellant was an agriculturalist. He claimed that he had a monthly income of Rs. 6,000.00. The claim was reasonable. It was possible to get that much for an agriculturist in the year 2011-2012. There was no justification in reducing the income to Rs. 5,000.00 per month by the tribunal. The notional income of the appellant can be fixed at Rs. 6,000.00 per month as claimed by him.