SABITHA SALIM Vs. GOPI

JUDGEMENT

(1.) The claimant is the appellant before this Court. She was a Post Graduate student doing her first year M.Sc. course. The fate struck her very hard in the form of a road traffic accident The appellant was walking along the M.G. Road, near Perumannor Junction, when a stage carriage bearing No. KL.7/E.414, owned, driven and insured by the respondents 1 to 3 respectively knocked her down causing serious injuries, resulting in multiple fracture and also loss of 12 teeth. This led to the claim petition filed before the Tribunal, seeking for a total compensation of Rs. 10,00,000/ - under various heads. The owner and driver of the bus did not choose to contest the matter and were set ex parte. The claim was resisted by the Insurance Company on general grounds, as no violation of statutory/policy conditions was available.

(2.) The evidence adduced before the Tribunal consists of documentary evidence of Exts. A1 to A17, marked from the part of the petitioner/claimant, besides the oral testimony of the concerned doctors as P.W. 1 and 2, who issued the relevant certificates. Ext. X1 case sheet pertaining to the treatment of the claimant was marked as court exhibit. No evidence, either oral or documentary, was adduced from the part of the respondents. Based on the evidence adduced, the Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the driver of the bus. While computing the compensation payable, the Tribunal reckoned the notional income of the appellant as Rs. 2000/ - per month and adopting the multiplier of '17', granted a sum of Rs. 28,800/ - towards permanent disability

(3.) The amounts awarded by the Tribunal under different heads are noted below.: