MANEESH Vs. HARIKRISHNAN

JUDGEMENT

(1.) This appeal is preferred by the injured claimant seeking enhancement of compensation granted by the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.973/2010. The claim petition was filed by the appellant under Section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained by him in a motor vehicle accident occurred on 15.11.2009. He was a pillion rider on a motor cycle bearing Reg.No.KL 36/A 2892 which collied with another motor cycle bearing Reg.No.KL 36/6577 ridden by the first respondent. On sustaining injuries, he was admitted in Indo American Hospital,Vaikom and he remained there as an inpatient for a period of 99 days. The injuries resulted in permanent disability. It is in the said circumstances that seeking a total compensation of Rs.7 lakhs he filed the aforementioned claim petition. As per the impugned award, the Tribunal granted Rs.4,20,706/- with interest @ 7.5% per annum from the date of petition till realization. As noticed hereinbefore, the captioned appeal has been preferred seeking enhancement of the said compensation.

(2.) We have heard the learned counsel for the appellant and also the learned counsel appearing for the third respondent. In view of the fact that there is no dispute regarding the liability to indemnify the insured owner of the offending vehicle, the sole question survives for consideration is whether the appellant is entitled to get enhanced compensation. In such circumstances, issuance of notice to the other respondents is dispensed with and we are proceeding to consider the appeal on merits at the admission stage itself.

(3.) The main grievance of the appellant is that disregarding his averment that he was working as a Supervisor in a private company in Rajasthan and was earning Rs.10,000/-, the Tribunal fixed the monthly income notionally at Rs.5,000/-. It is the further contention that the compensation granted under different heads such as loss of earnings, extra nourishment, loss of amenities etc. are on the lower side.