VIJAYALASKMI Vs. SREERAJ

JUDGEMENT

(1.) THE claimants in O.P.(MV) No. 1353/2007 before the Motor Accidents Claims Tribunal, Kollam, are the appellants herein. They filed the O.P. claiming compensation for the injuries and consequent disability suffered by the 2nd appellant in an accident caused by the negligent driving of a vehicle owned by the 1st respondent and insured with the 2nd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows: Compensation for bystander's expenses Rs. 8,850/- <FV>JUDGEMENT_1043_TLKER0_2013.htm</FV> Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have filed this appeal seeking enhanced compensation.

(2.) THE contention of the appellants is that although the medical board certified 40% disability, the Tribunal accepted only 20% for the purpose of calculating compensation for loss of earning capacity. According to the appellants, going by the disability suffered by the 2nd appellant, the Tribunal should have adopted the entire 40% disability certified by the medical board. The appellants seek enhancement under other heads also.

(3.) WE have considered the rival contentions in detail.