MANOHARAN Vs. P G SANTHOSH; BRANCH MANAGER

JUDGEMENT

(1.) The claimant in M.V.O.P. No. 937/2002 before the Motor Accidents Claims Tribunal, Irinjalakuda, is the appellant herein. He suffered injuries in an accident caused by the negligence of the driver of a vehicle, owned by the 1st respondent and insured with the 2nd respondent. The appellant claimed compensation for the injuries and consequent disabilities suffered by him. After finding negligence on the part of the driver of the vehicle, the Tribunal awarded compensation under various heads as follows:

(2.) According to the appellant, the appellant had suffered 33.2% permanent disability on account of the injuries, since his toe has been amputated and he had suffered very serious injuries. Therefore, the Tribunal went wrong in adopting only 14% for the purpose of calculating loss of earning capacity, is the contention raised. He also contends that the compensation for pain and suffering and loss of amenities is also on the lower side.

(3.) We have heard the learned counsel for the Insurance Company, who would argue for sustaining the award.