LAWS(KER)-2010-9-493

KRISHNAN, S/O PARAYAN Vs. SURESH BABU,

Decided On September 13, 2010
Krishnan, S/O Parayan Appellant
V/S
Suresh Babu, Respondents

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1856/00. The claimant, a driver by profession, aged 35 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs. 3,000/ -. It is against that decision the claimant has come up in appeal for enhancement.

(2.) HEARD both the sides. Learned Counsel for the appellant had made available before me the documents relating to the treatment of the person. The wound certificate itself would reveal that the claimant had sustained a fracture on the distal radius with fracture ulnar styloid. A perusal of the treatment record would reveal that he was admitted on 14.4.00 and discharged on 18.4.00 with a diagnosed fracture on the lateral end of the radius. He was managed with immobilization. He had attended the hospital till 12.5.00. Being a driver by profession I am inclined to fix the income at Rs. 2,500/ - per month and for two months loss of earnings Rs. 5,000/ - is granted. Towards medical expenses I grant Rs. 1,000/ -, towards extra nourishment, damages to clothing, transport and nutritious food I award a consolidated amount of Rs. 1,000/ -. Rs. 8,000/ - is awarded towards compensation for pain and sufferings and Rs. 4,000/ - towards loss of amenities and enjoyment in life thus making a total sum of Rs. 19,000/ -, of which Rs. 3,000/ - is already awarded. Or in other words the claimant is entitled to an additional compensation of Rs. 16,000/ -.