LAWS(KER)-2011-7-144

VASUDEVAN Vs. KANTHASWAMY

Decided On July 12, 2011
VASUDEVAN Appellant
V/S
KANTHASWAMY Respondents

JUDGEMENT

(1.) CLAIMANT is the appellant. He claimed compensation for personal injuries suffered by him on 15.03.2002 in a motor vehicle accident.Against a total claim of Rs.3.5 lakhs, the Tribunal awarded only an amount of Rs.1,27,600/- as per the details shown below:

(2.) WE have heard the learned counsel for the appellant and the learned counsel for the 3rd respondent/insurance company. The learned counsel for the appellant contends that the quantum of compensation awarded is not fair, just or reasonable.The compensation awarded deserves to be enhanced, contends the learned counsel.

(3.) THE appellant had to continue treatment as an inpatient for the period mentioned above and subsequently as an out patient till March, 2003. Medical expenses was allowed only to the extent of Rs.69,300/- against the actual medical bills produced while he was undergoing treatment as an inpatient. Realistically, it must have been noted that a claimant like the appellant would not have been able to keep all the medical bills for production before court. Reasonable inferences should have been drawn, it is contended. We find merit in that contention. We are satisfied that a total amount of Rs.75,000/- can safely be fixed as quantum of compensation payable under the head of Medical and Miscellaneous expenses.