HUSSAIN KOYA Vs. MOYINKUTTY POCKER AND ORS.

JUDGEMENT

(1.) THE appellant is the injured in a motor vehicle accident which occurred on 3.4.2004 while he was travelling in a scooter which happened to be hit down by a car. He sustained severe injuries and was taken to Medical College Hospital initially and thereafter at Baby Memorial Hospital.

(2.) HE sustained fracture on left femur (shaft), fracture in neck femur left, fracture on 2.3.4 & 5th ribs (Right side) and lacerated wound on chin. He underwent inpatient treatment for a period 13 days from 3.4.2004 to 15.4.2004 in Baby Memorial Hospital. The application was filed before the Tribunal seeking compensation to the tune of Rs. 3 lakhs. The Tribunal awarded a um of Rs. 59,500/ -. This appeal is filed seeking enhancement of compensation. Learned counsel submits that the Tribunal has not awarded any amount towards loss of earning and quantum of compensation awarded under various heads are thoroughly inadequate. It is seen that the appellant underwent inpatient treatment for a period of 13 days. The Tribunal awarded a sum of Rs. 40,000/ - alone towards treatment expenses, as against claim towards a sum of Rs. 95023/ - based on medical bills. The entire claim was not allowed observing that cost of the medicines were also included along with the bills, when separate bills for medicines were produced by the appellant. The bills were for a sum of Rs. 95023/ - and having regard to the period of treatment in Baby Memorial Hospital, we are of the view that a sum of Rs. 60,000/ - will be awarded towards treatment expenses. Towards bystander expenses, the Tribunal has awarded a sum of Rs. 2,000/ - alone. Since the accident occurred in the year 2004, we enhance the same to Rs. 2,600/ - reckoning Rs. 200/ - per day. The Tribunal has awarded a sum of Rs. 15,000/ - towards pain and suffering. It is seen that the appellant has sustained serious injuries on account of fracture of his left femur. The inconveniences and discomfort he suffered can be visualised and therefore we award a sum of Rs. 35,000/ - towards pain and suffering. We find that he was advised to take rest for a period of three months. Therefore, reckoning a notional income at the rate of Rs. 2000/ - per month, we award a sum of Rs. 6,000/ - towards loss of earnings. Accordingly, the award passed by the Tribunal is modified.

(3.) THE total compensation will be Rs. 1,06,100/ -. The enhanced compensation will carry interest at the rate of 9% from the date of petition in the light of the judgment of the Apex Court in Supe Dei (Smt.) & Ors. v. National Insurance Co. Ltd. and Anr., [(2009)4 SCC 513].