SOMAN Vs. JINESH JAMES

JUDGEMENT

(1.) The appellant was travelling in an autorickshaw on 31.12.2010 when a car driven rashly and negligently by the 1st respondent hit against the autorickshaw. The appellant sustained serious injuries, resulting in amputation based on which disability was assessed at 51% by Exhibit C1 certificate issued by the Medical Board. It is also submitted by the learned Counsel for the appellant that the amputation was made above knee, evidenced by Exhibit A9 certificate issued by the doctor in the Medical College Hospital. Negligence was found on the driver of the car and the car is covered by a valid Insurance policy. There is no allegation of violation of policy conditions. The appeal is only for enhancement of compensation.

(2.) The learned Counsel for the appellant submits that since amputation above knee has been made, the appellant should have been assessed with more disability than what has been certified. It is also contended that the income adopted by the Tribunal is very low, at Rs.3000/-. The learned Counsel would also submit that the appellant had suffered hospitalisation for 226 days and he should have been granted more amounts for extra nourishment as also for bystander expenses. Also a contention is raised that considering the fact of inpatient treatment for 226 days, extending to 7 1/2 months, the loss of earning has to be computed for at least one year.

(3.) The learned Counsel for the Insurance Company would contend that the amputation occurred after three years. It is further contended that the Tribunal has fixed the notional income correctly and awarded amounts perfectly considering the various decisions of the Hon'ble Supreme Court.