(1.) THE injured in a motor accident claim is the appellant herein. In O.P(MV) No. 2714/1995, the Motor Accidents Claims Tribunal, Kollam awarded compensation under various heads to the appellant payable by the respondents who are the owner, driver and insurer of the offending vehicle. Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhanced compensation.
(2.) THE accident was on 31.12.1994. The appellant was 33 years old at the relevant time. He claimed that as a manager in a furniture mart, he was earning Rs. 5000.00 p.m. He did not adduce any evidence in support of the said claim either oral or documentary. the Tribunal fixed notional monthly income of Rs. 1400.00. The appellant was in hospital for 23 days. He had fracture on his leg. Implant was done. According to the appellant, he was inactive for eight months. The doctor who treated him certified 5% disability. According to appellant, the Tribunal wrongly fixed the multiplier for calculating loss of earning capacity as 13 instead of 16. It is also submitted that although he was treated in three different hospitals, he was awarded only Rs. 1000.00 towards treatment expenses. Two of the hospitals were private hospitals. Although the appellant did not adduce any evidence regarding the hospital expenses, it was reasonable to assume that the treatment in private hospitals would be expensive and more amount should have been awarded by the Tribunal for treatment expenses. It is also submitted that because of the injury to his leg and consequent disability, he should have been awarded amount for loss of amenities as well. He also claims enhanced compensation for pain and suffering. 2. We have considered the contentions of the appellant.
(3.) IT is also revealed from the award of the Tribunal that the appellant was treated in three different hospitals, namely, Upasana Hospital at Kollam, Medical College Hospital and Nair's Hospital, Kollam. Two of the same are private hospitals. He was hospitalized for 23 days. Taking into account there inputs, we are of opinion that it would be reasonable to assume that the appellant would have spent at least Rs. 10,000.00 towards medical expenses. Under this head, the appellant would be entitled to Rs. 9000.00 more towards compensation.