M V SREENIVASAKURUP Vs. M ISMAIL

JUDGEMENT

(1.) A police constable suffered compression fracture D5 vertebral body with contusion on both knees and pain all over the body in a road traffic accident, which occurred while he was on traffic duty. The accident was caused by the negligence of the driver of a car, which was duly insured with the second respondent insurance company.

(2.) THE complaint of the appellant is that the Motor Accidents Claims Tribunal awarded him only Rs.14,348/- as compensation under various heads, as against his claim of Rs.2 lakhs. According to him, there is gross inadequacy in the compensation awarded by the learned Tribunal.

(3.) THE learned Tribunal did not place any reliance on the disability certificate, probably because of the observation in the certificate that the appellant did not suffer any occupational disability. Even though the learned Standing Counsel for the insurance company argued that the compensation awarded by the Tribunal is quite reasonable, having carefully read through the award and having applied our mind to the documents produced before the Tribunal such as disability certificate, discharge summary etc., we are convinced that there is inadequacy in the compensation awarded by the Tribunal.