SAJEESH Vs. U K MANOJ KUMAR

JUDGEMENT

(1.) Appellant sustained injuries in a road accident. The accident was on 15.5.2004. He who was riding on a motorcycle was knocked down by a lorry. The accident was the result of the rash and negligent driving of the lorry. The vehicle was owned by the 1 st respondent and was insured with the 2nd respondent. The above are facts either admitted or proved.

(2.) Heard Sri.A.V.M.Salahudin, the learned counsel for the appellant and Sri.Mathews Jacob, the learned senior counsel for the 2nd respondent.

(3.) Claiming to be a carpenter the appellant claimed to have a monthly income of Rs 5, 000/-. The tribunal did not accept the claim. The appellant did not give any evidence to prove him to be a carpenter. Therefore his income cannot be taken to be that of a skilled labourer. Notional income should be fixed considering him to be an unskilled labourer. The tribunal took it at Rs 3, 000/- per month. That was indeed on the lower side. The accident was in 2004. Therefore the notional income can be fixed at Rs 4, 500/- per month. That much was not beyond the reach of a daily labourer in 2004.