SAJITH SEDHUMADHAVAN Vs. VENUGOPALAN T.S.,

JUDGEMENT

(1.) THE petitioner in O.P. (MV) No. 1223/2005 on the file of the Motor Accidents Claims Tribunal, Ottapalam, is the appellant herein. He was a minor aged 16 at the time of the accident and he filed the application through his mother as guardian, claiming compensation for the injuries and consequential disability sustained by him in a motor vehicle accident caused on account of the negligent driving of a vehicle by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the 1st respondent and awarded a total compensation of Rs. 70,712/ - on various heads as follows: <FRM>JUDGEMENT_92_LAWS(KER)9_2013.htm</FRM>

(2.) COUNSEL for the appellant submitted that the appellant sustained severe injuries and sustained 8% disability, but, no amount was awarded under the head 'loss of amenities in life.' Further, in view of the decision in Sarla Verma v. Delhi Transport Corporation, : 2010 (2) KLT 802, the multiplier to be applied is 18, but the Tribunal has taken only 15 as multiplier, which is not correct. Further, he had produced some documents before this Court, which will go to show that he spent some amount for future treatment as well and no provision was made in the award to get that amount. The amount awarded under the head 'pain and suffering' is also on the lower side. According to the learned counsel, the appellant is entitled to enhancement of compensation on all heads.

(3.) WE have considered the contentions of both parties in detail.