JAMES JOSEPH Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) The petitioner in OP(MV).1215/2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam is the appellant. He filed the OP under Sec. 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 28/8/2005. According to the petitioner, on 28/8/2005, at about 11.00 a.m., while he was driving his Maruti car through the Kottayam-Ernakulam road, a lorry bearing registration No.KL-07-R-5155 driven by the 1st respondent in a rash and negligent manner hit on the car and as a result of which he sustained serious injuries.

(2.) In this case the petitioner sustained T-shape fracture of acetabulam with posterior wall fracture in addition to pain and tenderness over right knee. The petitioner was treated as inpatient for a total period of 63 days on two occasions in the Medical Trust hospital, as revealed from Exts.A15 and 16 discharge summaries. From Ext.A14 discharge summary, it is revealed that he was admitted in Chazhikkadu hospital, Thodupuzha on 9/4/2007 for Ostero arthritis right hip treatment and surgery was conducted and the hip was replaced totally and then he was discharged on 23/4/2007. From Exts.A15 and A16 it is also revealed that "closed reduction and upper tibial skeletal traction done under GA, Gastrosurgery consultation given for abdominal pain CT abdomen - Normal study, ORIF done with extended illeofemoral approach post column fixed with 9 holed Recomplate and 6 screws, Anterior column 5 holed Recomplate and 4 screws roof fixed with 2 K wires. Patient had collection haematoma at wound site, wound wash given for the same.

(3.) The Tribunal has awarded a total compensation of Rs.4,15,087.00, major portion of which, namely Rs.3,17,487.00 was medical expense supported by bills. Out of the remaining amount, Rs.40,000.00 was for pain and suffering, Rs.30,000.00 for loss of amenities and Rs.5000.00 each towards extra nourishment, together for transportation and damage to clothing and compensation for leave. Another Rs.12,600.00 was awarded on the head bystander's expenses. Dissatisfied with the compensation awarded by the Tribunal, the petitioner preferred this Appeal.