REJI MATHEW Vs. MATHEW KORAH

JUDGEMENT

(1.) CLAIMANT is the appellant. The claimant's grievance is only that amounts awarded are not adequate and do not represent reasonable and just compensation. The Tribunal awarded a total amount of Rs.79,000/- as per details given below: Pain and suffering : Rs.15,000.00 Transport to hospital : Rs. 2,500.00 Bistander's expenses : Rs. 1,500.00 Loss of earnings : Rs.24,000.00 (6,000 X 4) Loss of amenities : Rs.35,000.00 Medical expenses : Rs. 1,000.00 ------------------- Total : Rs.79,000.00 ========

(2.) EXTS.A1 to A16 were marked on the side of the claimant. The accident occurred on 19.04.2000. Multiple injuries including multiple fractures were suffered by the claimant. C.T scan had to be taken. Extradural hematoma was present. On the right temporal lobe hemorrhagic contusion was noted. Right temporal post-op bony defect was noted. Multiple fractures involving interior and lateral walls of both maxillary sinus was noted. Fracture of medial walls of both orbits was noted. There was fracture of the frontal bone. The appellant was an inpatient for a period of 24 days. He had to avail leave for a period of 5 months. This includes the period of rest of one month also. He had suffered physical disability. There was gross disfigurement and speech difficulty. To restore appearance, speech and chewing function, he was in need of prosthetic rehabilitation. He had facial asymmetry due to loss of teeth and lack of muscle function.

(3.) THE appeal succeeds to the above extent. We are not satisfied that any other direction in the impugned award deserves modification.