JOHNSON P.S Vs. ANCHALOSE A.E

JUDGEMENT

(1.) THIS appeal arises from the award dated 01.09.2012 in O.P.(MV) No. 525 of 2008 of the Motor Accident Claims Tribunal, Ernakulam (for short, "the Tribunal").

(2.) THE appellant while riding a motor cycle was hit by a van belonging to, and driven by the first respondent. The Tribunal found that the accident occurred due to the negligence of the first respondent, awarded Rs.76,000/- with interest at the rate of 8% per annum as compensation and directed the second respondent to deposit the same. The appellant is aggrieved by the quantum of compensation and has preferred the appeal.

(3.) IT is revealed that the appellant was aged 37 years at the relevant time. There is no reason why his version that he was a plumber be rejected. Hence his monthly income is be fixed at Rs.3,500/-. Paragraphs 7 and 8 of the award refers to the injuries suffered by the appellant, period of treatment and the expenses he had to incur. The appellant suffered comminuted fracture of left patella and a few other injuries. He underwent inpatient treatment for 4 days.