ASHRAF ABOOBACKER Vs. SAJI JOSEPH

JUDGEMENT

(1.) THE appellant, a fish vendor, sustained type 2 compound fracture of right tibia and other injuries in a road traffic accident which occurred while he was pillion riding a motor cycle. The accident was caused by the negligence of the driver of a jeep which had been insured with the third respondent Insurance Company.

(2.) THE grievance voiced by the appellant in this appeal is that the learned Tribunal did not award him adequate compensation. His claim was for a total amount of Rs. 1,50,000/-, but the learned Tribunal awarded him only Rs. 48,300/- under various heads.

(3.) HAVING given our anxious consideration to the rival submissions addressed at the Bar and having carefully gone through the impugned award, we are in agreement with the learned counsel for the appellant that there is gross inadequacy in the compensation awarded. We cannot accept the argument of the learned counsel for the appellant that the monthly income of Rs. 2,500/- adopted by the learned Tribunal is low. At the same time, we are of the view, having seen the nature of the injuries, that the appellant should have been awarded loss of earningS for three months. Hence, we are awarding Rs. 2,500/- more to the appellant towards loss of earning.