KUNHALI N.K Vs. MOHAMMED SHAFI

JUDGEMENT

(1.) A welder, who sustained serious injuries -cum - comminuted fracture proximal tibia with intraarticular extension and fibula, comminuted fracture medial malleolous, stable compression fracture LI vertebra, extensive lacerated wound (Rt) thigh with injury to castus lateral is muscle, 6x3 cm lacerated wound on the right knee abrasion over right knee and tenderness over right knee, ankle and mid back, a deep lacerated wound over ankle lateral aspect of the right thigh above 30x6x4 cm in size with large flap tear with vastus lateralis muscle, complains that the Motor Accident Claims Tribunal did not award him adequate compensation for the above injuries which he has sustained, on account of an accident caused by the negligence of a tipper lorry duly insured with the 3rd respondent Insurance Company, while he was traveling on a motorcycle. His claim for compensation was Rs.3,50,000/- under various heads and the learned Tribunal under the impugned award allowed only Rs.2,29,797/- with interest at the rate of 7% p.a.. According to him, the Tribunal did not award him adequate compensation under any of the heads.

(2.) WE have heard the submissions of Sri.K.M.Jamaludheen learned counsel for the appellant as well as Sri. V.Jayapradeep learned Standing Counsel for the Insurance Company.

(3.) MR.Jamaludheen would argue, on the basis of the grounds, that the compensation awarded by the learned Tribunal under various heads is quite inadequate. Mr.Jayapradeep, per contra, would argue that the reasonable compensation has been awarded by the Tribunal and there is no justification for increasing the same.