JAYADASAN,S/O GOVINDAN NAIR Vs. SHAJI

JUDGEMENT

(1.) NOTICE to the respondents 1 and 2 is dispensed with in view of the dispute involved and the decision I propose to take in this appeal. The third respondent appears through counsel.

(2.) THIS appeal arises from the award dated 10.01.2013 in O.P(M.V).No.269 of 2011 of the Motor Accident Claims Tribunal, Kalpetta (for short, "the Tribunal"). The appellant was hit by the jeep driven by the first respondent. The Tribunal found that the accident occurred due to the negligence of the first respondent, fixed compensation payable at Rs.36,180/- with interest @7.5% per annum, found respondents 1 to 3 liable to pay compensation and directed the third respondent to deposit the amount. The appellant is aggrieved by the quantum of compensation awarded.

(3.) THE appellant suffered fracture of the head of left fibula. He underwent inpatient treatment for three days. The Tribunal has awarded loss of earning for three months which appears to be reasonable but, no compensation is seen awarded for treatment expenses for the reason of non production of bills. Even if it is assumed that the appellant has undergone treatment in a Government hospital it is likely, having regard to nature of the injuries that he had to purchase medicines from outside. He may not be have been able to procure and produce all the medical bills. Having regard to the injuries suffered and the period of treatment, Rs.3,000/- is awarded as treatment expenses.