PUSHKARAN Vs. ABHILASH

JUDGEMENT

(1.) NOTICE to respondents 1 and 2 is dispensed with in view of the decision I propose to take. The 3rd respondent appears through counsel.

(2.) THIS appeal arises from the award dated 22.12.2009 in O.P(MV) No.1186 of 2006 of the Motor Accidents Claims Tribunal, Ottappalam (for short, "the Tribunal"). Appellant suffered injuries in a motor accident on 07.10.2006. He was riding on the pillion of a motor cycle which hit a milestone. The Tribunal found that accident occurred due to the negligence of the 1st respondent, assessed compensation payable at Rs.60,000/- and directed the

(3.) PARAGRAPH 8 of the award narrates injuries suffered by the appellant which includes fracture of the clavicle. He underwent inpatient treatment for 8 days followed by outpatient treatment. Exhibit A8 is the certificate assessing disability of the appellant at 8%. Exhibit A9 is produced to show that appellant required a surgical intervention for removal of the implant. The Tribunal fixed disability at 3% and awarded compensation accordingly. It is contended that compensation awarded is low.