MADHU K.T. Vs. M. SHEIK UDHUMAN

JUDGEMENT

(1.) THIS appeal is filed from the judgment in O.P(MV) No. 236/2010 of the M.A.C.T, Punalur. Mainly it is a case where the appellant claims enhancement of compensation already awarded by the Tribunal. The accident occurred on 20.03.2010 at about 5.15 p.m. while he was travelling as a passenger in an autorickshaw along Kollam -Schencottah National Highway 208 road. At a place called Valacode, the offending vehicle, namely a lorry having Registration No. T.C.T -4889 which was coming from the opposite direction and through the wrong side, hit the front portion of the autorickshaw. The appellant sustained fracture of right femur, fracture shaft of left tibia and fibula and other multiple soft tissue injuries. Immediately he was taken to the Government Hospital, Punalur and from there to Medical College Hospital, Thiruvananthapuram. Various treatment procedures were applied, he underwent open reduction and internal fixation and he had to undergo treatment for more than 2 years as inpatient and outpatient.

(2.) HE claimed that he was a Motor Mechanic, aged 38 years and has been earning Rs. 6,000/ - for his family. The temporary disability has been assessed as 100% for one year from the date of accident and permanent disability as 17%. As against Rs. 5 lakhs claimed as compensation, the Tribunal below has awarded Rs. 1,79,485/ -.

(3.) WE reproduce the following details from Ext. A20 issued by the doctor, who was examined on 23.02.2013.