GEORGE T JOHN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) APPELLANT filed an application for compensation of Rs. 5,00,000/- alleging that at the age of 24 he sustained grievous inju ries in a motor accident on 25th January, 1996 when the K. S. R. T. C. bus driven rashly and negligently by the 2nd respondent herein dashed against the motor cycle ridden by the appellant. The appellant was immediately admitted in the Medical Trust Hospital where he was initially diagnosed as having sustained-transverse fracture of femur at middle third and compound fracture of both bones of left leg at upper third etc. He underwent series of operations and hospitalizationfollowing the accident. Though it was found that accident occurred due to the negligence of the 2nd respondent, only rs. 1,15,252/- was awarded by the Tribunal against a claim for Rs. 5,00,000/ -. Only quantum of compensation is disputed in this appeal.

(2.) THE amounts claimed and awarded are as follows: <FRM>JUDGEMENT_336_ANDHWR1_2008Html1.htm</FRM> Appellant was an electrician by profession. Ext. A-8 shows that he was an I. T. I. Trade certificate holder. Appellant produced ext. A-7 certificate to show that he was employed in a Company called Trans electrics', Ernakulam and he was getting a monthly income of Rs. 2,500/ -. Since employer was not examined, Ext. A-7 was not relied on and only Rs. 1,500/- was taken as monthly income. He was an I. T. I, diploma holder. Considering his qualification, atleast rs. 2,000/- ought to have been taken by the tribunal as his monthly income.

(3.) AS regards his injuries are concerned, tribunal has considered the matter in detail and found as follows: