P.H. SHANAVAS Vs. HANEEFA

JUDGEMENT

(1.) THE appellant, a 23 year old men met with an accident on 23/2/2002 while riding his motor cycle. Allegedly, the car driven by the first respondent which came from the opposite direction hit him down. The offending vehicle was insured with the 2nd respondent - Insurance Company. Against the claim of Rs. 1,20,000/ -, the learned Tribunal awarded a sum of Rs.41,969/ - as compensation. The adequacy of compensation is under challenge in this appeal. We have heard the Learned Counsel for the appellant and the Learned Counsel for the 2nd respondent - Insurance Company. We have also perused the impugned award.

(2.) MEDICAL records reveal that the appellant suffered open fracture both bones of left leg as well as abrasions on right forearm and right knee. There was a lacerated wound on the right leg also. The fracture to tibia and fibula were reduced by surgical intervention and internal fixation. Subsequently he was again admitted to the hospital for removal of implants. He was inpatient for 15 days.

(3.) PRESUMABLY the appellant might not have been able to move out for a period of four months on account of the injuries. However, no amount was awarded by the learned Tribunal towards compensation for loss of amenities in life during the period of treatment. Thus we are awarding Rs. 15,000/ - under that head.