KASIM, S/O. MOHAMMED MOOLA HOUSE, KUKANGAI, ADHUR VILLAGE Vs. K.M. ABDULLA, S/O. MOHAMMED KUKKANGAI HOUSE, ADHUR VILLAGE, KASARAGODE,

JUDGEMENT

(1.) THE appellant, a 29 year old cleaner of a lorry met with an accident on 29/03/04 while he was travelling by the lorry driven by the first respondent. Allegedly due to the negligence of the first respondent, the vehicle capsized and the appellant sustained very serious injuries. Against the claim of Rs. 8 lakhs, the learned Tribunal awarded a sum of Rs. 3,34,250/ - as compensation together with interest at the rate of 9% per annum from the date of claim petition till realisation. As the third respondent Insurance Company admitted the policy of the offending vehicle they were saddled with the liability of paying the compensation. In this appeal, the appellant is challenging the adequacy of the compensation awarded to him.

(2.) WE have heard the Learned Counsel for the appellant and the learned Standing Counsel for the third respondent Insurance Company. We have perused the impugned award.

(3.) MEDICAL records reveal that the appellant was admitted to City Hospital Research and Diagnosis Centre, Mangalore with the following injuries: - Comminuted facture to right frontal bone and right maxillary sinus. Fracture to right tibia and fibula, fracture to medial malleolus, fracture to S2 spine.