SKARIA Vs. SAJU GEORGE AND ORS.

JUDGEMENT

(1.) THE appellant is the injured in a motor vehicle accident which occurred on 4.10.2002. He was knocked down by a jeep bearing Registration No. KEE -2304 while he was riding a Kinetic Honda Scooter bearing Registration No. KL -7K -2699 through Vaikom -Thodupuzha Public road. He sustained very serious injuries and was taken to hospital. From 4.10.02 to 4.11.02 he underwent treatment as inpatient in the Medical College Hospital, Kottayam. He was admitted in the hospital with lacerated wound right parietal region with fracture scull and penetrating cranial cavity and multiple abrasions. His disability was assessed as 25% to whole body as per Mc Bride Scale, which is permanent in nature.

(2.) THE claim petition was filed seeking compensation to the tune of Rs. 3,43,000/ -. It was claimed that he was a business man earning a monthly income of Rs. 3,000/ - per month. Tribunal has passed an award to the tune of Rs. 1,05,968/ -. This appeal is filed seeking enhancement of compensation on the ground that the compensation awarded under various heads are thoroughly inadequate.

(3.) APPELLANT underwent treatment as inpatient for a period of one month on account of the very serious injuries and he has undergone various courses of treatment as explained by the Tribunal in paragraph 8 of the award. His disability was assessed as 25% as evident from Ext.A9 disability certificate. Though the Tribunal found that the disabilities will affect his career as a business man, it reckoned the disability as 16%. It is submitted by the learned counsel for the appellant that the appellant was unable to do any work for a period of four months. The tribunal has granted Rs. 8,000/ - only towards loss of earning.