JUDGMENT

N.V. RAMANA, J. –

This appeal is directed against the judgment dated 5th March, 2009 passed by the High Court of Kerala in Motor Accident Claims Appeal No. 1441 of 2004.

2. The case of the appellant is that he was employed in Malaysia as a Tool & Die Engineer. He had come to his native town in Kerala to attend his sister’s wedding. On 15.5.1996, when the appellant was traveling in a jeep, a bus coming from the opposite direction rammed into the jeep resulting in five deaths and the appellant suffered severe injuries, namely a crush injury on his upper right arm which had to be - amputated. The appellant was treated as an in-patient in the hospital for 42 days and during which time four surgeries were conducted on him.

3. The appellant filed O.P. (MV) No. 304 of 1997 before the Motor Accident Claims Tribunal claiming Rs.75,00,000/- as compensation. Before the Tribunal, the appellant examined himself as P.W.14. The Tribunal did not believe the version of the appellant that he had been employed permanently as a Tool and Die Engineer in Malaysia and was drawing Rs.50,000/-