KUNJUMUHAMMED Vs. SATHEESH, S/O. RADHAKRISHNAN

JUDGEMENT

(1.) THE appellant, while travelling in an Autorikshaw sustained injuries due to its overturning and claimed compensation. The Motor Accidents Tribunal, Thrissur (for short, "the Tribunal") found that the accident occurred due to the negligent driving of the Autorikshaw, awarded Rs.48,400/- with interest at the rate of 7% per annum from the date of petition till recovery as compensation and directed the third respondent to deposit the amount. The appellant is aggrieved by the compensation awarded.

(2.) THE appellant was aged 24 years and engaged as a coolie. The Tribunal has fixed monthly income of the appellant at Rs.2,500/-. Learned counsel submits that monthly income fixed is low and the compensation awarded on all counts is also low.

(3.) SINCE the appellant was a coolie and aged 24 years, his monthly income as on the date of accident could be fixed as Rs.3,000/-. It is revealed that the appellant suffered closed fracture of clavicle and large abrasion, grossly avulsion injury on the left dorsum of foot and multiple abrasion on the left leg. He underwent inpatient treatment from 25.05.2003 to 02.06.2003. The Tribunal has awarded loss of earnings for two months at the rate of Rs.2,500/-. Having regard to the injuries sustained the appellant was not able to work for a period of three months. Thus compensation payable on that count comes to Rs.9,000/-. Less Rs.5,000/- already awarded, the appellant is entitled to get Rs.4,000/- more on that count.