JOSEPH JOE ISSAC Vs. SHANKAR MENON

JUDGEMENT

(1.) A recruiting officer in a private travel agency, the appellant sustained lacerated wound over the chin, (R) tendo chilles, comminuted fracture both bone middle 1/3rd (R) leg, abrasions over (R) knee, (R ) log & (L) little finger - in a road traffic accident which occurred while a motorcycle ridden by him was overtaken by a car which was duly insured with the second respondent Insurance Company. The grievance of the appellant is regarding the quantum of compensation awarded by the Tribunal and also regarding the finding of the learned Tribunal that the accident occurred due to the negligence in equal measure on the side of the appellant who was riding the motorcycle and the driver of the car.

(2.) WE have heard the submissions of the learned counsel for the appellant and those of Sri.A.A.Mohammed Nazir, the learned Standing Counsel for the Insurance Company. The submission of the learned counsel for the appellant was that the finding of the Tribunal that there was negligence and that too to the extent of 50% on the part of the appellant is incorrect. The learned counsel submitted that there is gross inadequacy in the compensation awarded by the Tribunal under various heads.

(3.) COMING to the question of quantum we are of the view that the learned Tribunal was justified in adopting the monthly income of the appellant at Rs. 2,500/-. At the same time, we are of the view having seen the nature of injuries that the appellant could have been awarded loss of earnings for a period of four months. Hence, we award Rs. 2,500/- more towards loss of earnings.