LAWS(KER)-2007-2-567

K M ASIKU RAHIMAN Vs. E K ABOOBACKER

Decided On February 02, 2007
K.M.ASIKU RAHIMAN Appellant
V/S
E.K.ABOOBACKER Respondents

JUDGEMENT

(1.) Appellant is the petitioner in O.P(MV) No. 1816/1993 on the files of the M.A.C.T., Kozhikode. He is challenging the award of the Tribunal in that O.P on the ground that the amount awarded is not commensurate with the injuries and consequent disability suffered by him. As per the wound certificate produced by the appellant, the injuries suffered by the appellant is a lacerated injury on the forehead over the eyebrow on the left side 3 c.m. long. He was treated as an outpatient for four days from 17-12-1992 to 21-12-1992. The appellant was aged 19 at the time of the accident and was a student.

(2.) The Tribunal awarded an amount of Rs. 4500/- as compensation, out of which Rs. 3000/- was under the head 'pain and suffering'. An amount of Rs. 250/- under the head transportation charges to the hospital, Rs. 500/- towards extra-nourishment, Rs. 250/- towards damage to clothing and Rs. 500/- towards treatment were also given. The amount was directed to be paid by the 3rd respondent-Insurance Company with interest at the rate of 12% p.a. and also cost of Rs. 400/-.

(3.) The appellant challenges the said award on the ground that the amount awarded for pain and suffering is too low and the Tribunal should have allowed at least Rs. 15,000/- under the said head. He would also submit that on account of the disfigurement of the face, he is entitled to compensation for reduction of marriage prospects and also convenient enjoyment of life.