The appellant sustained injuries in a motor accident. The vehicle had been insured with the Respondent. The Tribunal found that there was negligence on the part of the driver of the vehicle and the appellant is entitled to compensation, which the Tribunal fixed at Rs.15,466/-. It was rounded to Rs.16,000/-. The Respondent was directed to deposit the amount with interest at 8% p.a. The appellant is not satisfied with the amount. Hence this appeal. 2. Heard.
3. The injuries sustained by the appellant was dislocation of right thumb and stiffness of finger. The appellant had pain on right thumb, left side of the face and chest. There was some injury on the right middle finger also. The amount awarded under the head pain and suffering is Rs.7,000/-, which is reasonable. The amount awarded under loss of amenities is Rs.2,000/-, which also is reasonable. The learned counsel for the appellant submits that the appellant sustained permanent disability for which no amount was awarded. But, no evidence was adduced to substantiate the allegation. The Tribunal is justified in not awarding any amount under this head.
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4. It appears that no amount has been awarded under the head loss of earnings. In the absence of any evidence to prove the income of the appellant, it is fixed at Rs.3,000/- p.m., taking into consideration his age. It appears that he was not able to work for 1 ½ months. So, he is entitled to get Rs.4,500/- under the head loss of earnings.
In the result, this appeal is allowed in part. The appellant is allowed to recover from the Respondent Rs.4,500/- in addition to the amount awarded by the Tribunal. No costs.
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//true copy// P.S. To Judge K. ABRAHAM MATHEW, JUDGE.
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