VARGHESE S/O KIZHAKUDAN KOCHOUSEPH PARIYARAM VILLAGE DESOM MUKUNDAPURAM TALUK Vs. SAIDALI A P DRIVER S/O APPARAMBIL RAYIN HAJEE NELLAMPARAMBU KAMBANAM P O VALAVANNOR VILLAGE MALAPPURAM DIST

JUDGEMENT

(1.) THE appellant who suffered comminuted fracture on both bones right leg, lacerated wound at right side of forehead measuring 2 c.m, fractured wound over out aspect of right leg mid region, punctured wound over post aspect bleeding, shortening of right lower limb, in a road traffic accident complains that the Motor Accidents Claims Tribunal did not award him adequate compensation. Under the impugned award, the learned Tribunal fixed the total compensation payable to the appellant, who at the relevant time was working as technical assistant with Centre for Earth Science Studies was found to be eligible for a total amount of Rs. 1,21,183/- as compensation towards various heads. However, the Tribunal would accept the contention raised by the Insurance Company that there was contributory negligence on the part of the appellant also in the accident which resulted in the injuries. THE appellant's contribution was fixed at 50% and accordingly the learned Tribunal would order realisation of only Rs. 60,592/- by the appellant with interest at the rate of 6% per annum.

(2.) IN this appeal, the appellant contends that the compensation awarded by the Tribunal under various heads is inadequate. The appellant also challenges the finding of the Tribunal that there was contributory negligence on his part.

(3.) THUS the appeal is allowed awarding to the appellant Rs. 28,360/- as additional compensation. This additional compensation amount will carry interest at the rate of 7% per annum from the date of petition till date of recovery.