NARAYANANKUTTY Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) It was on 26.12.2008 the accident. The appellant who was a pedestrian was knocked down by a car. The car was driven in a rash and negligent manner. It was insured with the respondent. The appellant sustained injuries in the accident. The above are facts either admitted or proved.

(2.) Heard Sri. K. Janardhanan, the learned counsel for the appellant and Sri. N.S. Mohammed Usman, the learned counsel for the respondent.

(3.) The appellant sustained two lacerated injuries and a compression fracture on C6 vertebra with contusion below C4 level with quadriplegia. He claimed to have a monthly income of Rs. 5,000.00. The tribunal took it at Rs. 4,500.00only. The appellant was a coolie. The accident was in Dec. 2008. Rs. 5,000.00 per month was certainly not beyond the reach of a daily labourer in 2008-2009. Therefore there was no justification in reducing the monthly income claimed by the appellant. His monthly income can be taken as Rs. 5,000.00 per month as claimed by him.