SOMALAL Vs. MOHAN KUMAR

JUDGEMENT

(1.) CLAIMANT is the appellant. He claimed compensation for the loss suffered by him on account of personal injuries sustained in a motor accident on 11/4/2003. He was riding his bicycle. The insured vehicle had allegedly knocked him down. He had suffered multiple injuries including multiple fractures. Both bones of the right forearm were fractured. Right femur was fractured. He was an in-patient for a period of 21 days in two spells. He had allegedly suffered permanent disability. The same was assessed to be 12% by a doctor under Ext.A11 disability certificate. He was aged 28 years at the time of the accident. He was an L.I.C agent and he claimed that his monthly income was Rs.10,000/-. The tribunal, by the impugned award, directed payment of an amount of Rs.57,497/- as compensation as per the details given below: Part-1

(2.) ARGUMENTS have been advanced by the learned counsel for the appellant/claimant and the learned counsel for the insurance company. The learned counsel for the insurance company has been made entirely liable to satisfy the impugned award. The impugned award is challenged only on the ground that the quantum of compensation awarded is not adequate.

(3.) LEARNED counsel for the appellant then points out that even though very serious fractures have been suffered and the appellant has been an inpatient for 21 days, the Tribunal had awarded only Rs.10,000/- as compensation for pain and suffering. We are satisfied that the said amount can be enhanced.