LAWS(KER)-2012-3-64

SHEREEF S/O BUHARI Vs. P H ALI

Decided On March 12, 2012
SHEREEF, S/O. BUHARI, RESIDING AT THERUVATH KOPARA HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT. Appellant
V/S
P.H. ALI, RESIDING AT PANDALAN HOUSE, PALAPPILLY, THRISSUR DISTRICT. Respondents

JUDGEMENT

(1.) THE appellant who sustained injuries in a road traffic accident occurred on 3-4-2001 approached the Tribunal claiming compensation to the tune of Rs. 3,50,000/- under various heads against which the learned Tribunal awarded a sum of Rs. 2,07,010/-. THE adequacy of compensation is under challenge.

(2.) ALLEGEDLY, while the appellant was riding a motorcycle, he was hit down by a jeep coming from the opposite direction. The learned Tribunal fixed liability on the second respondent who was the driver of the jeep. As the jeep was covered by a valid policy issued by the third respondent Insurance Company, the third respondent was directed to pay the amount.

(3.) TOWARDS loss of amenities the learned Tribunal awarded a sum of Rs. 15,000/-, which according to the learned counsel for the appellant is too low. Presumably the appellant might have been forced to take rest at least for a period of nine months. We find force in the submission made by the learned counsel for the appellant that some more amount could have been awarded as compensation for loss of amenities. Thus we award an additional sum of Rs. 10,000/- on that count.