BAIJU, S/O RAGHAVAN, CHANDRATHIL HOUSE, PADUVAPURAM POST KARUKUTTY VILLAGE Vs. A.D. JOSE, S/O DEVASSY, ARACKAPADAL VEEDU, PUOVENTHURUTHU KOTTAYAM AND THE MANAGING DIRECTOR, K.S.R.T.C., TRANSPORT BHAVAN, THIRUVANANTHAPURAM

JUDGEMENT

(1.) A driver who suffered very serious injuries viz. 1) united fracture right leg with shortening of 5.5 cm. 2) partial ankylosis of right ankle with movement 90 degree to 105 degree 3) complete ankylosis of right joint 4) equines deformity to right ankle 5) gross disfiguration of right leg, in a road traffic accident which occurred due to the negligence of the driver of a KSRTC bus which was involved in the accident complains that the Motor Accidents Claims Tribunal did not award him adequate compensation. In the memorandum of appeal, grounds are raised challenging the inadequacy of compensation awarded by the Tribunal on various heads, particularly the head of disability. The appellant's claim for compensation under various heads was limited to Rs. 6 lakhs and under the impugned award the learned Tribunal awarded a total amount of Rs. 2,18,780/ - as compensation under various heads.

(2.) WE have heard the submissions of Sri. Wilson Urmese, the Learned Counsel for the appellant who made extensive submissions before us based on grounds in the memorandum of appeal. According to Sri.Wilson the monthly income of Rs. 2,000/ - adopted by the Tribunal for awarding disability compensation and also for awarding loss of earnings is grossly inadequate. Sri.Wilson further submitted that the Tribunal seriously erred in not accepting the percentage of 25% certified by the Doctor who was examined before the Tribunal. He submitted that the compensation awarded under various heads is quite inadequate.

(3.) HAVING given our anxious consideration to the submissions of Sri. Wilson Urumese and having carefully gone through the impugned award, we are of the view that there is genuineness in the grievance of the appellant that he was not awarded adequate compensation. The appellant was admittedly a lorry driver and the accident occurred in 2003, his monthly income could have been easily taken by the learned Tribunal at Rs. 3,500/ -.