DHARMAPALAN Vs. BAIJU LAL AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 159 of 2005 of the Additional Motor Accidents Claims Tribunal, Kottayam by the injured. Appellant sustained injuries in a motor accident on 08.05.2002 at 3.30 p.m., and the learned Tribunal awarded compensation of Rs. 2,08,101/- (Rupees Two Lakh Eight Thousand One Hundred and One only) with interest and cost as compensation. Being aggrieved by that, the injured preferred this appeal.

(2.) In the lower court, appellant contended that on the date of accident while he was riding a scooter KL-5/F-8851 along Thalayolapparambu-Vettikkattumukku and when he reached at the place of occurrence, another vehicle KA-20/M-2198 driven in a rash and negligent manner hit against the scooter, as a result he sustained serious injuries. Immediately he was removed to hospital. The driver and owner of the vehicle were ex parte. The insurer admitted the insurance of the vehicle. Claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A9.

(3.) Learned counsel appearing for the appellant contended that the injured was a Police Constable and was aged 48 years at the time of accident. He was getting Rs. 6,873/- as his monthly income, but the learned Tribunal took only Rs. 1,500/- while awarding compensation, which is meagre one. Appellant sustained 18% permanent disability, hence he is entitled to get just compensation since the disability reduced his earning capacity after his retirement.