LAWS(KER)-2012-5-245

K V BABY Vs. M P JOHNSON

Decided On May 22, 2012
K.V. BABY, AGED 36 YEARS, SON OF VARGHESE, KUNNUKUZHY HOUSE, DWEEP ASOKAPURAM P.O., ALWAYE Appellant
V/S
M.P. JOHNSON, S/O. PAULOSE, MADAVANA HOUSE, KORATTY, THRISSUR DISTRICT Respondents

JUDGEMENT

(1.) THE appellant a 28 year old Petrol Pump Operator sustained injuries in a road traffic accident on 03/12/98 while riding on the pillion of a motorcycle.

(2.) ALLEGEDLY the tempo van driven by the second respondent which was proceeding behind overtook the bike by which the appellant was riding along the left side and in that attempt the riders were hit down. Against the claim of Rs. 2,50,000/- the learned Tribunal awarded a sum of Rs. 73,000/- attributing negligence on the second respondent who was the driver of the tempo van. The 5th respondent who admitted the policy of the tempo van was directed to pay the compensation. The adequacy of compensation is challenged by the appellant in this appeal.

(3.) TOWARDS compensation for pain and suffering the learned Tribunal has awarded a sum of Rs. 20,000/-. As we see inadequacy in the said amount, we award an additional sum of Rs. 5,000/- on that count.