KUNJAVA Vs. K.P. HAMEED

JUDGEMENT

(1.) A 63 years old coolie worker who suffered byfrontal contusions on brain, left thalamic contusions, diffuse traumatic SAH with throma, fracture occipital bone, fracture left maxilla, lacerated wound 4x3x1 c.m. on right leg, lacerated wound 3x2x1 c.m. occipital region in a road traffic accident complains that the Motor Accidents Claims Tribunal did not award him adequate compensation. In the memorandum of appeal it is urged that the compensation for disability and compensation granted by the Tribunal under various other heads is inadequate. Sri. Santhosh P. Poduval, the learned counsel for the appellant argued on the basis of the submissions raised in the memorandum of appeal that the Tribunal did not award to the appellant reasonable compensation. Per contra, the learned Standing Counsel for the Insurance Company submitted that what is awarded to the appellant, a 63 year old coolie, by the learned Tribunal as compensation is more than sufficient.

(2.) HAVING bestowed our anxious consideration to the rival submissions addressed at the Bar, and having carefully gone through the impugned award, we are of the view that there is justification for awarding some more compensation to the appellant under various heads. The accident occurred in the year, 2002. It is in evidence that the appellant was a able bodied man despite his seniority in age. The monthly income of Rs. 2,000/ - adopted by the Tribunal for fixing the disability compensation according to us is low. We adopt a monthly income of Rs. 2,500/ -. So also we find that a renowned neurologist of the city certified that the appellant suffered 30% permanent disability on account of the injuries suffered by him. But the Tribunal did not accept the above certificate and granted Rs. 10,000/ - for the appellant towards compensation for discomfiture. We are of the view that there is justification for taking 15% as the permanent disability suffered by the appellant. When the disability compensation is calculated on the above basis taking 5 as the multiplier, it will be seen that the appellant is eligible for a further amount of Rs. 12,500/ - towards disability. We award that amount to the appellant.