AJESHKUMAR. K. Vs. MANAGER, ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 228 of 2013 of the Motor Accidents Claims Tribunal, Kottayam by the injured. Appellant sustained injuries in a motor accident on 01.11.2012 and the learned Tribunal awarded compensation of Rs. 1,42,700/- (Rupees One Lakh Forty Two Thousand Seven Hundred only) with 8% interest and proportionate cost. Being aggrieved by that, the injured preferred this appeal.

(2.) Appellant's case in the lower court was that on 01.11.2012 while he was riding a motorcycle KL-33/D-5574 and when he reached at Kilimala, a JCB KL-24/B-1793 hit against the motorcycle as a result, he sustained serious injuries. The driver and owner were ex parte 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 A6. Ext.X1, Disability Certificate was marked as Court Exhibit.

(3.) Learned counsel appearing for the appellant contended that the injured was a Heavy Vehicle Driver and was getting Rs. 12,000/- per month, but the learned Tribunal took only Rs. 6,000/- as his monthly income for calculating compensation. Moreover, meagre amount was awarded towards loss of amenities.