SAHADEVAN Vs. M. SAJEEV

JUDGEMENT

(1.) THE appellant, a 30 year old Coolie while travelling by an auto rickshaw driven by the first respondent on 14/10/02 sustained injuries as the vehicle capsized due to the negligence of the first respondent. Against the claim of Rs. 2 lakhs, the learned Tribunal awarded a sum of Rs. 33,950/ - as compensation together with interest at the rate of 7.5% per annum. As the second respondent admitted the policy they were fastened with the liability of paying the compensation. In this appeal, the appellant is challenging the adequacy of the compensation awarded. We have heard the learned counsel for the appellant and the learned counsel for the second respondent Insurance Company. The impugned award was also perused.

(2.) EXT .A2, a copy of the wound certificate which reveals that in addition to the lacerated wound below the left eye, multiple abrasions on the left arm as well as on the shoulder, and a puncture wound, the appellant sustained fracture to the shaft of humerus also. He was hospitalised for a period of 18 days. Towards compensation for pain and suffering the learned Tribunal awarded a sum of Rs. 9,000/ -. As we feel inadequacy in the amount awarded by the learned Tribunal we award to the appellant an additional sum of Rs. 6,000/ - on that count.

(3.) WE notice that no separate amount has been awarded by the Tribunal towards bystander's expenses. As he was hospitalised for 18 days and as the accident was in the year 2002, he is entitled to get bystander's expenses at the rate of Rs. 200/ - per day. Thus we award to the appellant a sum of Rs. 3,600/ - under that head.