DANDAPANI Vs. VIJAYAN

JUDGEMENT

(1.) THE appellant a coolie suffered crush injury over the left knee exposing the tendons patella fragment with profuse bleeding, apart from comminuted fracture left patella and abrasions over the left cheek in a road traffic accident involving a motorcycle in which he was pillion rider and another motorcycle which was insured with the respondent Insurance Company. It has been found that the accident occurred due to the negligence of the rider of the other motorcycle. The appellant claimed a total sum of Rs.1,36,500/ - as compensation as against which the Tribunal awarded Rs.47,750/ - 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 almost all heads. We have heard the submissions of the Learned Counsel for the appellant and those of Mr. John Joseph Vettikad learned standing counsel for the contesting Insurance Company.

(2.) THE argument of the Learned Counsel for the appellant was that there is inadequacy in the compensation awarded by the learned Tribunal. Whereas the argument of Mr. John Joseph Vettikad was that there is no such inadequacy.

(3.) THE appellant was treated as inpatient for 14 days. The Tribunal has awarded only Rs.1000/ - towards bystander's expenses. We award to the appellant Rs.1100/ - more towards bystander's expenses.