LAWS(KER)-2015-3-229

KANIYAMKUDY AYISHA Vs. SHAMSUDHEEN AND ORS.

Decided On March 10, 2015
Kaniyamkudy Ayisha Appellant
V/S
Shamsudheen And Ors. Respondents

JUDGEMENT

(1.) THE appellant who lost vision in both her eyes in an accident is aggrieved by the inadequacy of compensation. She claims enhancement of compensation under various heads in view of the pathetic situation in which she has reached. As against the claim of Rs. 14,67,000/ -, the Tribunal has granted an amount of Rs. 11,56,100/ - with interest at the rate of 7.5% from the date of petition.

(2.) THE accident occurred on 19.1.2007 at about 10.30 p.m. She was travelling in a jeep bearing Reg. No. KL10E 550 from Kozhikode to Wayanad. When it reached at Malapuram near Engapuzha the offending vehicle, a lorry having Reg. No. KL 11 -J -6579 which came in the opposite direction and was being driven in a negligent manner and uncontrollable speed hit the jeep. The appellant sustained injuries and three persons including the son -in -law and grand child of the appellant had succumbed to death. She was taken to the Medical College Hospital, Kozhikode and she continued her treatment at MIMS Hospital, Kozhikode, after discharge from Medical College. We heard learned counsel for the appellant and learned counsel for the insurance company. Paragraph 9 of the award gives the details of injuries which are 14 in number. We extract the same hereinbelow:

(3.) A lacerated wound about 4 x 2cm size over the root of the nose