SHOUKATHALI Vs. NARAYANA

JUDGEMENT

(1.) A contractor, who sustained (i) lacerated wounld right forehead with cerebral concussion (ii). Laceration (Rt.) knee with fracture knee cap (Patella) (iii). Laceration (Rt.) Leg with Fracture Lateral Condyle (Femur) (iv). Laceration (Rt.) Heel while the motor cycle on which he was traveling as a pillion rider was hit down by a lorry driving rashly and negligently by its driver, complains that the Motor Accident Claims Tribunal did not award him adequate compensation. The fact that, the 3rd respondent Insurance Company had issued a valid insurance policy in respect of the lorry whose driver was charge sheeted by the police, is not disputed. As against the appellants claim for total amount of Rs 4 Lakhs, the learned Tribunal awarded only Rs.1,31,040-. According to the appellant, the Tribunal did not award adequate compensation on any of the heads, particularly the head of disability.

(2.) WE have heard the submissions of Smt.R.Padmakumari learned counsel for the appellantclaimant and those of Sri.A.R.George learned standing counsel for the Insurance Company.

(3.) HAVING regard to the nature of the injuries, we are of the view that the learned Tribunal has not justified in limiting the percentage of disability to 7. We are sure that the appellant has sustained permanent partial disability of 18%. The learned Tribunal adopted 3000- as the monthly income of the appellant as against his claim that he is getting monthly income of Rs.15,000-. In the absence of document , the Tribunal was justified in adopting the monthly income. While disability compensation is recalculated adopting the percentage of disability as 10, the appellant becomes entitled to get an amount of Rs.18,360- more towards disability compensation and we award that amount to the appellant.