MATHAI Vs. A K BIJU

JUDGEMENT

(1.) THE appellant, a 58 year old conductor in the Kerala State Road Transport Corporation, met with an accident on 12/10/2003 while riding his motor cycle. Allegedly, he was hit down by an Autorikshaw driven by the 2nd respondent which was proceeding behind. Against the claim of Rs.3,00,000/-, the learned Tribunal awarded a sum of Rs.21,575/- attributing 60% negligence on the 2nd respondent and attributing 40% negligence on the appellant. THE 3rd respondent Insurance Company, who admitted the policy, was directed to make the payment. THE finding of the Tribunal regarding the contributory negligence on the part of the appellant as well as the adequacy of the compensation are under challenge.

(2.) WE have heard the learned counsel for the appellant as well as the learned standing counsel for the third respondent Insurance Company. WE have also perused the impugned award.

(3.) THE medical reports reveal that the appellant was found unconscious on the road with nasal and oral bleeding. Evidently, he sustained serious head injury. Diagnosis revealed that he sustained diffuse axonal injury with multiple cerebral parenchymal punciate hemmorrhages. He was hospitalized for 14 days. THE learned Tribunal awarded a sum of Rs.12,000/- as compensation for pain and sufferings. Considering the nature of injuries and the period of hospitalisation, we are awarding an additional sum of Rs.8,000/- under that head.