SONY Vs. A SHAFEEK

JUDGEMENT

(1.) A 28 year old driver who sustained the following injuries - lacerated wound over the right eye brow, contusion over the left tempero parietal area, a lacerated wound over the tempero parietal area - leading to minor head injury including organic brain syndrome - complains that he did not receive adequate compensation at the hands of the Motor Accidents Claims Tribunal for the above injuries which he sustained in a road traffic accident caused by the negligence of a driver of a tempo van (R2) duly insured with the third respondent Insurance Company.

(2.) THE appellant's claim was for a total amount of Rs. 4,42,000/- and the learned Tribunal under the impugned award allowed him only Rs. 72,500/- under various heads. According to him there is inadequacy in the compensation awarded to him by the learned tribunal under various heads. His grievance, particularly is that no disability compensation as such was awarded to him even though the Doctor has certified that he is suffering permanent loss of earning capacity to the extent of 40%. 3. We have heard the submissions of Sri.A.N.Santhosh, the learned counsel for the appellant and those of Sri.George Cheriyan, the learned Standing Counsel for the contesting Insurance Company. 4. Sri.Santhosh would draw our attention to the documents such as Ext.A4 discharge summary, Ext.A5 C.T. Scan Report and the disability certificate and submit that the appellant who did not have any psychiatric problems prior to the accident is presently having psychiatric problems. As a result of this he has been completely disabled from pursuing his avocation as a driver.

(3.) THE learned Tribunal has adopted monthly income of the appellant, admittedly a driver, to be Rs. 2,000/- only. This in our opinion is inadequate. We adopt Rs. 3,000/- as the monthly income of the appellant for the purpose of determining the disability compensation and loss of earnings. Loss of earnings has been allowed to the appellant for three months. This means that the appellant will have to be awarded Rs. 3,000/- more towards loss of earnings. We award the above amount to the appellant towards loss of earnings. 8. THE appellant was treated as inpatient for a period of 35 days. According to us he is eligible for bystander's expenses at the rate of Rs. 200/- per day. Deducting what is awarded already towards bystander's charges, the appellant becomes eligible for a further amount of Rs. 3,500/- towards bystander's expense and we award that amount to the appellant.