JOY MATHEW Vs. K A THANKAPPAN

JUDGEMENT

(1.) THE appellant who was running an electronic shop sustained the following serious injuries when the motorcycle in which he was pillion riding capsized on account of the negligence of the rider:-

(2.) THE motorcycle was duly insured with the second respondent Insurance Company. The grievance of the appellant is that the Motor Accidents Claims Tribunal did not award him adequate compensation for the injuries which he sustained in the accident. His claim was for a total amount of Rs. 1,50,000/-. The learned Tribunal allowed him only Rs. 30,375/- on various heads together with interest at the rate of 6% per annum. According to the appellant there is inadequacy in the compensation awarded to him by the Tribunal under all the heads.

(3.) HAVING given our anxious consideration to the rival submissions addressed at the Bar and having examined the impugned award in detail, we are of the view that there is some inadequacy in the compensation awarded to the appellant by the Tribunal. Having seen the nature of injuries, we are of the view that the appellant should have been awarded Rs. 5,000/- more towards pain and suffering. We therefore award to the appellant Rs. 5,000/- more towards pain and suffering.