K N ANOOP Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE appellant sustained compound fracture to both bones of right leg with heel flap injury in a road traffic accident which occurred while he was pillion riding a motor cycle. The accident was occurred due to the negligence of the rider of another motor cycle which hit against the motor cycle pillion ridden by the appellant. The above motor cycle was duly insured with the third respondent Insurance Company. He claimed total amount of Rs.3 Lakhs as compensation under various heads and the Tribunal awarded him only Rs.68,900.00. According to him, there is inadequacy in the compensation awarded by the Tribunal.

(2.) WE have heard the submissions of Sri.Sheji P.Abraham learned counsel for the appellant and those of the learned Standing Counsel for the Insurance Company. The argument of the learned counsel for the appellant is that there is gross inadequacy in the compensation awarded by the Tribunal, whereas the argument of the learned standing counsel for the Insurance Company is that it is reasonable compensation that has been awarded by the Tribunal and there is no justification for increasing the same.

(3.) HAVING seen the nature of the injuries sustained by the appellant, we feel that the compensation awarded to the appellant towards pain and suffering is inadequate. Hence, we award Rs.5,000.00 more towards pain and suffering.