MANOHARAN Vs. MANAGER, THE ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal is filed by the injured in O.P.(MV). No. 350 of 2010, dissatisfied with the compensation awarded for the injuries sustained by him in a motor vehicle accident 18.02.2010. As against the claim of Rs. 4,36,000/-, the Tribunal awarded only Rs. 2,20,000/- in the following manner: <FRM>JUDGEMENT_234_LAWS(KER)4_2018_1.html</FRM>

(2.) One of the main contentions urged by the claimant was that he was given adequate compensation toward loss of earning, future treatment and continuing permanent disability.

(3.) The contention urged is that the appellant is aged 55 years and is a carpenter by profession. He is earning a sum of Rs. 25,000/- per month. The Tribunal having considered the said claim observed that in the absence of any evidence regarding the monthly income of the claimant, a notional income of Rs. 5,000/- can be fixed. The Tribunal rejected the evidence of PW2 who had issued Ext. A12, he being the owner of a saw mill who deposed that he used to give Rs. 600/- per day as wages to the claimant. It is further contended that the petitioner had suffered 45% locomotive disability with references to his injuries and the Tribunal had taken the permanent whole body disability as 5%.