LAWS(KER)-2015-4-33

SAMSEER K. Vs. M. SATHEESAN AND ORS.

Decided On April 09, 2015
Samseer K. Appellant
V/S
M. Satheesan And Ors. Respondents

JUDGEMENT

(1.) IN this appeal filed by the claimant, his grievance is that the Tribunal has not assessed the compensation correctly. The appellant was aged 15 years at the time of the accident and was studying in the 9th standard. The Tribunal has granted a total amount of Rs. 2,30,210/ -.

(2.) THE accident occurred on 23.03.1999 while he was proceeding on a bicycle through Feroke Bazar towards Ramanattukara side in Kozhikode. The driver of a stationary Jeep bearing Reg. No. KL -11 -H -5468 which was parked on the side of the road abruptedly moved the same. The appellant was thrown out of his bicycle after the jeep hit the same and he fell underneath a moving stage carriage bus bearing Reg. No. KLM 8739. He sustained serious injuries and was taken to the Medical College Hospital, Kozhikode. The total amount claimed was Rs. 4,50,000/ -.

(3.) THE major injury suffered was to the left hip. He had also sustained extensive avulsion of skin and circutaneous tissues over right upper thigh and back. He was examined as PW1 and gave a detailed account of the treatment. From the Farook Hospital, he was taken to the Medical College Hospital. He had to undergo 3 surgeries. Open reduction and nail fixation were done. Since he had sustained crush injuries under the tyre of the bus, the injuries were all very serious in nature. He was treated as an inpatient for a period of 144 days.