RADHAKRISHNAN Vs. JAIMAON P. JACOB

JUDGEMENT

(1.) THE appellant, a cobbler sustained very serious injuries - optic nerve injury, pneumocephalus by temporal contusion and fracture lateral wall of orbit, contusion frontal ethmoid, maxillary sinus, squameus part of left temporal and mastoid with bleeding from ear and nose - as the direct result of a road traffic accident which was caused by the negligence of the driver of a vehicle which was insured by the third respondent Insurance Company. The appellant complains that the Motor Accidents Claims Tribunal did not award him adequate compensation for injuries sustained by him. He claimed a total amount of Rs.4 lakhs under various heads. The Tribunal under the impugned award allowed him only Rs.50,000/ - with interest at the rate of 6% per annum. According to him there is gross inadequacy in the compensation awarded to him by the Tribunal under all the heads.

(2.) WE have heard the submissions of Mr. Jomy George, learned counsel for the appellant and those of the learned standing counsel for the Insurance Company. The submission of Mr. Jomy George was that there is gross inadequacy in the compensation awarded by the MACT. The submission of the learned standing counsel was that there is no such inadequacy and that the Tribunal has awarded reasonable compensation to the appellant.

(3.) SIMILAR inadequacy is noticed by us in the compensation awarded to the appellant towards loss of amenities also. We award to the appellant Rs.5000/ - more towards loss of amenities.