MADHUSUDHANAN Vs. S. USHA

JUDGEMENT

(1.) A Mazdoor in B.S.N.L, the appellant who sustained compound fracture patella left knee in a road traffic accident complains that the Motor Accident Claims Tribunal did not award him adequate compensation. As against his claim for Rs. 2,28,500/ - he was awarded only Rs. 33,000/ - under various heads by the Motor Accidents Claims Tribunal. Sri. Binoy Vasudevan, the Learned Counsel for the appellant argued on the basis of the grounds in the appeal memorandum that the Tribunal did not award him reasonable compensation. The submission of Sri.T.J.Lakshmanan Iyer, the Learned Counsel for the Insurance Company is that the learned Tribunal has awarded reasonable compensation and there is no warrant for giving any increase.

(2.) HAVING given our anxious consideration to the rival submissions addressed at the Bar and having carefully gone through the impugned award and having due regard to the gravity of the injuries sustained by him, we feel that there is justification for awarding some more compensation to the appellant under some of the heads. We find inadequacy in the compensation awarded by the Tribunal towards pain and sufferings. We award to the appellant Rs. 5,000/ - more towards that count. Nothing has been awarded by the Tribunal towards loss of amenities. We are sure that during the period of treatment and the subsequent convalescence period, the appellant was deprived of the amenities and pleasures of life. We are of the view that there is justification for awarding to the appellant Rs. 10,000/ - towards loss of amenities. We award that amount to the appellant. The learned Tribunal did not award any compensation towards loss of earnings even after entering a finding that the appellant was bedridden for three months and had availed leave for three months. We are of the view that the appellant should be awarded loss of earnings at least for three months period. We adopt Rs. 2,500/ - notionally as the monthly income of the appellant. We award to the appellant Rs. 7,500/ - towards loss of earnings. The appellant was in hospital for 20 days. He has been awarded by stander's expenses only at the rate of Rs. 100/ - per day. There is inadequacy in this. We award to the appellant Rs. 1,000/ - more towards bystander's charges. As per Ext.A10 Disability Certificate the appellant suffered 2% partial -permanent disability. We are of the view that disability compensation can be awarded to the appellant adopting the above percentage. We find that a sum of Rs. 3,000/ - has been awarded as compensation for discomforts. We are of the view that over and above the same a sum of Rs. 6,600/ - more can be awarded towards discomforts and disability. We award Rs. 6,600/ - more. Thus in all the appellant is awarded a further amount of Rs. 30,100/ -. over and above what has been awarded to him by the Tribunal. This amount and the amount already awarded by the Tribunal will carry interest at 7% per annum from the date of claim petition till realization