THOMAS Vs. BINOY JOHN AND ORS.

JUDGEMENT

(1.) The appellant is the injured in a motor vehicle accident which occurred on 05.04.2010 while he was a passenger in an autorickshaw which collapsed. He sustained very severe injuries and was immediately taken to Assisi Hospital Mukkoottuthara and then to Medical College Hospital, Kottayam. After treatment there for a period of 16 days he was admitted in Government Hospital, Kanjirappally. He has sustained cervical fracture neck of femur. He was aged 58 years and was engaged in a business of lottery vending. A claim petition was filed seeking compensation to the tune of Rs. 4,21,000/- which was limited to Rs. 2,00,000/-.

(2.) The Tribunal awarded a total sum of Rs. 86,990/- along with 7.5% interest per annum. This appeal is filed seeking enhancement of compensation mainly on the ground that no amount was granted towards loss of amenities and enjoyment of life and for future treatment. The appellant has got a case that the amounts awarded under various heads of compensation are thoroughly inadequate.

(3.) We heard the learned counsel for the appellant as well as the Insurance Company who opposed the claim for enhancement.