ANEESHKUMAR. A., S/O. KARUNAKARAN, SAUPARNIKA, KEEZHARKUNNU, KEEZHUR POST Vs. THE NEW INDIA ASSURANCE CO. LTD., ARISTO COMPLEX, MAHE POST

JUDGEMENT

(1.) THE appellant, an autorikshaw driver, sustained fracture of right zygomatic arch, fracture of outer orbital wall, fracture of mandible, fracture of tibia, fracture of fibula and lacerated wound on the orbital area and multiple small lacerations over his body in a collision between the autorikshaw driven by him and a bus driven by its driver in a rash and negligent manner. It is in evidence that the accident was occurred due to the negligence of the driver of the bus, in respect of which a valid policy has been issued by the respondent Insurance Company. The appellant's complaint is that the MACT did not award him adequate compensation for the injuries suffered by him. He claimed a total amount of Rs. 5,00,000/ - and the learned Tribunal awarded only Rs. 1,24,000/ - under various heads. According to him, there is gross inadequacy in the compensation awarded by the MACT.

(2.) WE have heard the submissions of the learned counsel for the appellant, who argued that there is gross inadequacy in the compensation awarded by the MACT. We have also heard the learned Standing Counsel for the Insurance Company, who argued that there is no such inadequacy.

(3.) HAVING seen the nature of injuries, we are of the view that the appellant should have been awarded Rs. 9,000/ - more towards pain and suffering. We award the same to the appellant.