JITHENDRAN Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mr. A. Karthik, learned counsel for the appellant (claimant). Mr. JPN Shahi, learned counsel appears for the insurance company (respondent no1).

(2.) Leave granted. This appeal arises out of a motor accident claim following the serious injuries suffered by the appellant on 13.4.2001 when the motor cycle (where the appellant was riding pillion), was hit by a car. Both riders were impacted, resulting in severe head injuries to the appellant. He was bedridden, totally immobilized and initially, remained admitted in the hospital for 191 days. The appellant has also suffered severe impairment of cognitive power with hemiparesis and total aphasiaand the prognosis for him is 69%permanent disability.

(3.) The claim filed by the pillion riding appellant was analogously considered with other claimantsfrom the same accident,by the Motor Accident Claims Tribunal, Thrissur (hereinafter referred to as, 'the Tribunal ' for short).The Presiding Officer noticed that the severely impaired pillion rider needed support of two persons,holding him from either side and because of his diminished cognitive facilities, the claimant appeared to be oblivious to his surroundings before the Tribunal. He could only partially close his mouth and consequently saliva dribbled from his mouth. The Tribunal judge noted that the claimant was 21 years old and was earning around Rs.4,500/- per month from jewellery work when he suffered the accident. Considering these factors and applying the multiplier of 17, the payable compensation for the pillion riderwas determined as Rs.5,74,320/- by the Tribunal.