RADHAKRISHNAN Vs. THULASIDAS

JUDGEMENT

(1.) The appellant, claimant before the Motor Accidents Claims Tribunal, suffered an accident on 26.09.2008 while riding a motor cycle, which was hit by a car driven by the 1st respondent. The Tribunal framed two issues regarding the negligence of the offending vehicle as also the quantum of compensation. The negligence was found on the offending vehicle in favour of the claimant and against the 1st respondent. The appeal is on the quantum.

(2.) The learned Counsel appearing for the appellant submits that the appellant was an LIC agent, which he had disclosed at the first instance when the F.I. Statement was taken. The appellant was earning around Rs.20, 000/- in a month, which was not believed by the Tribunal. The Tribunal has taken a notional income of Rs.5, 000/-, which is grossly inadequate. The appellant was aged 41 years at the time of accident and the amount granted as compensation for loss of amenities is too low. It is also submitted that the Tribunal had gone behind the Certificate issued by the competent Medical Officer and reduced the permanent disability from 30% to 25%.

(3.) The learned Counsel would rely on the decision of the Hon'ble Supreme Court in Rajkumar v. Ajay Kumar, (2011) 1 KLT 620 (SC)] to contend that the Tribunal having noticed the medical evidence with respect to the disability, which was assessed at 30%, ought to have further considered the effect of such disability on the injured, especially on the aspect of his continuing a vocation after the accident. The Tribunal has failed to consider the same, is the contention raised. The disability cannot be assessed merely on the basis of the medical certificate and the Tribunal should have endeavored to ascertain the effect the physical disability would have on the chosen avocation of the injured to compute the loss of earning capacity, as per the cited decision. The Tribunal not only failed to attempt such an evaluation but also reduced the percentage without any reasonable cause, argues learned Counsel.