SHINY K NINAN Vs. PJ FRANCIS

JUDGEMENT

(1.) PIUS C. Kuriakose, J The claimant who sustained fracture of the shaft of right humerus in a road traffic accident involving a KSRTC bus and a scooter in which she was travelling on the pillion complains 1) that the finding of the Motor Accidents Claims Tribunal that there was 50% contributory negligence on the part of the scooterist, her own father is wrong; 2) that the Tribunal did not award adequate compensation to the appellant for the injuries sustained by her in the road traffic accident.

(2.) WE have heard the submissions of Sri.K.Vidyasagar, the learned counsel for the appellant. Sri.Vidyasagar drew our attention to Annexure-1 Charge Sheet submitted by the police pursuant to Ext.A1 FIR. A reading of Annexure-1 will show that according to the police the driver of the KSRTC bus alone was responsible for the accident. Sri.Vidyasagar also submitted that the appellant was not awarded adequate compensation by the Tribunal under any of the heads.

(3.) THE learned Tribunal did not award any compensation to the appellant towards loss of amenities and convenience in life. We are of the view that the learned Tribunal should have awarded to the appellant at least Rs. 10,000/- towards loss of amenities and convenience in life. We award the above sum of Rs. 10,000/- to the appellant towards loss of amenities and convenience.