LAWS(KER)-2011-7-308

SIVAKUMAR P Vs. N PARVATHI KOVILAMMA AND ORS

Decided On July 07, 2011
SIVAKUMAR P Appellant
V/S
N PARVATHI KOVILAMMA AND ORS Respondents

JUDGEMENT

(1.) Claimant is the appellant. On 28.6.1997, at the age of 21 years, he suffered injuries in a road traffic accident. He was at that time employed as a Sales Representative under training. He was selected as police constable in the Kerala Police. He suffered multiple injuries including fractures. He was unconscious when he was admitted to the hospital. He was treated as an inpatient from 28.6.1997 to 28.7.1997. Thereafter he continued treatment. He suffered permanent physical disability. Vision of the right eye was completely lost. He claimed a total amount of Rs.8,12,500/- as compensation. The claim was resisted. The Tribunal, by the impugned award, directed payment of an amount of Rs.1,81,150/- along with interest at the rate of 6% per annum and costs.

(2.) The amount of Rs.1,81,150/- was awarded under the following heads: <FRM>JUDGEMENT_308_LAWS(KER)7_20111.htm</FRM>

(3.) We have heard learned counsel for the claimant and the learned counsel for the insurance company. The learned counsel for the claimant assails the impugned award on the ground that the quantum of compensation awarded is very low. The claimant/appellant, a young man, aged 21 years, contends that as a result of the injuries sustained in the accident, the right portion of his body has become completely paralysed and that he had to obtain the assistance of a third person for all his basic necessities. All his hopes about his life and career have been frustrated. The Tribunal has not realistically computed the compensation.