1. This appeal has been preferred by the injured against the award in O.P(MV) No.37/2003 of the Motor Accidents Claims Tribunal, Thodupuzha (for short 'Tribunal'). The appellant filed the above petition for compensation under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded compensation of Rs.3,21,200/-. He was a painter aged 26 years and was getting Rs.3,500/-per month, but the Tribunal took Rs.2,000/-as his monthly income. Being aggrieved by that, the injured preferred this appeal.

2. It would be relevant and useful to refer the facts leading to the accident. The respondents did not dispute in the lower court. The claimant's case was that on 15.12.2002, while he was travelling in an autorickshaw KL.6B/3252 from Vazhavara to Kattapana, when he reached near Vellayamkudy, the driver of the autorickshaw swerved the vehicle, as a result, he lost the control of the vehicle, hit against the wall of a toddy shop and the petitioner sustained serious injuries. Immediately, he was removed to hospital. The owner cum driver was set ex-parte. The insurer admitted the insurance of the vehicle.

3. This claim petition was tried along with OP(MV) No.91/2003 and evidence