ORIENTAL INSURANCE CO. LTD Vs. K.R. VIJAYARAJAN

JUDGEMENT

(1.) THIS is an appeal against the award in M.A.C. No. 250 of 1982 on the file of the Motor Accidents Claims Tribunal, Kozhikode. Appellants before us are the owner of a tempo van which caused injury to the petitioner in M.A.C. No. 250 of 1982 and the in surer. They were the 1st and 3rd respondents before the Tribunal. The 2nd respondent was the driver of the tempo van.

(2.) TWO questions arise for consideration in this appeal. The first question is as to whether the driver of the tempo van was negligent and that caused the accident. The se and question is whether the amount of compensation awarded is justifiable in the circumstances of the case.

(3.) THE remaining question-that has to be considered is as to whether the compensation awarded is justifiable or not. The claimant injured claimed an amount of Rs. 3.000/- for meeting the medical expenses. There is clear evidence in this case that the petitioner was in the hospital for four months. The amount of Rs. 3,000/- cannot be said to be on the higher side considering the fact that the injured was in the hospital for four months and he has undergone surgery in the hospital. In regard to minor items like transportation, extra nourishment, damage to clothing and scooter, the Tribunal awarded Rs. 1,000/-, Rs. 300/-, Rs. 200/- and Rs. 357/- respectively. We do not think that any case has been made out before us to interfere with these items, allowed by the Tribunal. There is clear evidence in the case that the injured was deprived of his salary for 4 months and he is entitled to the salary for four months, Rs. 6,000/-. The Tribunal has allowed this claim also. We do not think that there is any justification for us to interfere with this item also.