RADHAKRISHNAN Vs. VINOD @ VINOD KUMAR K.

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No. 602 of 2008 on the file of the Motor Accident Claims Tribunal, Kozhikkode. By award passed on 17th November, 2009 the Motor Accident Claims Tribunal awarded the sum of Rs. 22,265 as compensation to the appellant and directed the second respondent insurer to deposit the said amount together with interest at 7% per annum from the date of petition till the date of realisation. The appellant has, aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal filed this appeal. The appellant filed O.P.(MV). No. 602 of 2008 claiming the sum of Rs. 1,00,000 as compensation for the injuries sustained by him in a motor accident which took place on 12th January, 2008. He alleged that while he was walking along the Medical College Road at Chevayoor he was hit by an autorickshaw bearing registration No. KL-11-Z-7173 owned and driven by the first respondent and insured by the second respondent and that in the accident he sustained serious injuries, as a result of which he was admitted as an in-patient in Medical College Hospital, Kozhikkode on 12th January, 2008 and was treated as an in-patient in the said hospital till 21st January, 2008.

(2.) The first respondent, the owner-cum-driver of the autorickshaw, did not appear in spite of service of notice and was set ex parte. The insurer filed a written statement contesting the claim petition. In the Motor Accident Claims Tribunal, no oral evidence was adduced on both sides, but Exts.A1 to A4 were produced and marked on the side of the appellant. By award passed on 17th November, 2009, the Motor Accident Claims Tribunal awarded the sum of Rs. 22,265 as compensation under various heads including Rs. 2,000 towards loss of earnings, Rs. 14,000 towards pain and suffering and Rs. 1,000 towards loss of amenities. The materials on record disclose that as a result of the injuries the appellant would have been put to severe mental agony and distress. The Motor Accident Claims Tribunal ought to have in my opinion awarded at least Rs. 2,000 under the head of loss of amenities. As a result of the injury, the appellant was a painter by profession would have been disabled from attending to his work for at least one month. The Tribunal ought to have awarded to him a further sum of Rs. 2,000 towards loss of earnings instead of Rs. 2,000 granted by it. Exts. A2 and A3 indicate that besides X-ray the appellant was also subjected CT scan and was hospitalized for a period of 10 days. Besides payment for medicines and to undergo the CT scan he would have also had to meet the expenses of a bye-stander, thereby incurring additional expenditure. The Motor Accident Claims Tribunal ought to have therefore awarded a further sum of Rs. 1,000 towards expenses of the bye-stander and the personal expenses of the appellant. I accordingly allow the appeal, modify the award of the Motor Accident Claims Tribunal and award a further sum of Rs. 5,000 as compensation. The second respondent insurer shall deposit the said amount together with interest at 7% per annum from the date of petition till realization within 30 days from the date of receipt of a certified copy of this judgment. Upon such deposit, it will be open to the appellant to withdraw the amount deposited.