AMBIKA, C/O. VASU, CHEMBALADAN HOUSE, PARASHANOOR, MALAPPURAM Vs. I.C. SHAJI, S/O. CHANDRAN, IRUDUKAVIL HOUSE, P.O. SUKAPURAM, MALAPPURAM (OWNER) AND ORS.

JUDGEMENT

(1.) THE appellant a 32 year old insurance agent sustained injuries in a road traffic accident on 14/06/04. Allegedly while she was travelling by a bus it collided with another bus which was coming from the opposite direction. Negligence as found against drivers of both vehicles. The offending vehicles were insured with the 3rd and 6th respondents who admitted the policy. Against the claim of Rs. 2,50,000/ - the earned Tribunal has awarded a sum of Rs. 45,000/ - together with interest at the rate of 6% per annum from the date of petition till realisation. The adequacy of the compensation is under challenge in this appeal. We have heard the Learned Counsel for the appellant and the learned Standing Counsel for respondents 3 and 6. We have also perused the impugned award.

(2.) THE appellant sustained the following injuries as per medical records: -

(3.) THE learned Tribunal has awarded a sum of Rs. 10,000/ - under the head loss of amenities including loss of hearing capacity. This was for the reason that the appellant had a case that due to the head injury sustained by her, her hearing capacity was impaired. It is relevant to note that the learned Tribunal has not taken into account the loss of amenities suffered by the appellant during the period of treatment and convalescence. Since no sum was awarded towards that, we award a sum of Rs. 10,000/ - as loss of amenities of life during the period of treatment and consequential rest.