SANKER B Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No. 502 of 2004 on the files of the Motor Accidents Claims Tribunal, Perumbavoor. The injured/appellant, who sustained injuries in a road traffic accident, has filed the petition claiming an amount of Rs 5,5O,OOO/- as compensation from the respondents. The learned Tribunal has awarded only an amount of Rs.85,516/- as compensation for the injuries sustained by him. Dissatisfied with the quantum of compensation awarded, this appeal has been preferred.

(2.) The facts in brief for disposal of this appeal are as follows: On 09.09.2003 at 10 p.m. while the appellant was standing very close to the median near the Kottai Bus Stop in Aluva-Angamaly NH Road for crossing the road, a tempo traveller bearing Reg. No.KL-7/U-8739 driven by the 2 nd respondent in O.P.(MV), who is not a party herein, came in a rash and negligent manner and knocked down him causing very serious injuries including fracture. He was rushed to Little Flower Hospital, Angamaly and from there he was referred to the Medical Centre, Ernakulam. He was treated there as inpatient from 9.9.2003 to 13.9.2003 and thereafter he continued his treatment in General Hospital, Chennai as he is a native of Tamil Nadu. He sustained disability of 75% in the accident and practically he is laid up completely. But the compensation awarded is too meager and hence this appeal.

(3.) The accident as well as the policy of the offending vehicle are admitted by the respondent, the insurance company. So the question to be decided is whether the quantum of compensation awarded is adequate. Ext.A4 is the discharge summery issued from the Ernakulam Medical Centre, Ernakulam where he was treated as an inpatient from 9.9.2003 to 13.9.2003. The injuries noted in Ext.A4 are as follows: