SARUN A J Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.69 of 2010 of the Additional Motor Accidents Claims Tribunal, North Paravur by the injured. Appellant sustained injuries in a motor accident on 26.11.2008 at 12.15 p.m. and the learned Tribunal awarded compensation of Rs. 3,26,000/- (Rupees Three Lakh Twenty Six Thousand only) with 8% 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 26.11.2008, while he was riding a motorcycle KL-7/AL-4912 through Paravur - Moothakunnam public road from north to south and when he reached at the place of occurrence, an auto rickshaw KL-7/BB-6390 driven in a rash and negligent manner through the wrong side hit against the motorcycle, as a result he sustained serious injuries in the accident. 1st respondent filed a written statement and contended that there was no negligence from his part. 2nd respondent admitted the insurance of the vehicle. Claimant was examined as PW1 and his documents were marked as Exts.A1 to A3 series and Exts.X1 and X

(3.) Learned counsel appearing for the appellant contended that the appellant is an M-panel conductor in KSRTC and was getting Rs. 8,000/- per month, but the learned Tribunal took only Rs. 5,000/- for calculating compensation and a meagre amount was awarded towards Loss of earnings. He sustained serious injuries in the accident, hence he is entitled to get just amount as compensation.