LAWS(KER)-2013-7-18

BALAKRISHNAN Vs. T.M. SUBAIR

Decided On July 05, 2013
BALAKRISHNAN Appellant
V/S
NATIONAL INSURANCE CO.LTD Respondents

JUDGEMENT

(1.) THIS appeal arises from the award dated 30.06.2012 in O.P (M.V).No.963 of 2011 of the Motor Accident Claims Tribunal, Kozhikode (for short, "the Tribunal"). The appellant suffered injuries in a motor accident on 07.03.2011. The Tribunal found that the accident occurred due to the negligence of the second respondent, awarded Rs.8,350/- with interest as compensation and directed the third respondent to deposit the amount. The appellant is aggrieved by the quantum of compensation.

(2.) IT is submitted that compensation awarded is low and that various injuries suffered by the appellant are not taken into account. The learned counsel for the third respondent has supported the award.

(3.) IT is revealed from paragraph 9 of the award that the appellant suffered fracture of the medial malleolus (left), abrasion on the right leg and swelling on the left leg. He was treated in a private hospital initially and later in the Medical College Hospital. The Tribunal has not awarded compensation for loss of earnings, treatment expenses, disability or the loss of enjoyment of amenities of life.