JANARDHANAN Vs. P. SADANANDAN AND ORS.

JUDGEMENT

(1.) This appeal has been preferred against the award in OP(MV) No.2306/1995 of the II Additional Motor Accidents Claims Tribunal, Kozhikode by the injured. The appellant sustained injuries in a motor accident who filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'Act') and the Motor Accidents Claims Tribunal awarded compensation of Rs.3,750/-. Being aggrieved by that, injured preferred this appeal.

(2.) It would be relevant and useful to mention the facts leading to this accident. The appellant's case in the lower court was that on 14.09.1995 at 11.45 pm, he was returning to his house after purchasing vegetables, when reached near Sree shine stationery shop, an autorickshaw KL-11/B-1378 driven in a rash and negligent manner knocked down the appellant. As a result, he sustained serious head injury, immediately, he was removed to General Hospital, Calicut, after discharging from the hospital, he continued his treatment. Due to the injuries on occipital region he developed stroke and was finally disabled, the Medical Board assessed 40% permanent disability. The insurer admitted the insurance of the vehicle. The claimant examined PW1 and his documents were marked as Exts.A1 to A15. Respondents did not adduce any evidence.

(3.) Adv. R. Bindu Sasthamangalam, the learned counsel appearing for the appellant contended that the appellant sustained serious injuries which resulted in Hemiplegia. The Medical Board assessed 40% permanent disability, which was not admitted by the Tribunal. The restriction provided under Section 173(2) will not apply to serious injuries like Hemiplegia where the Motor Accidents Claims Tribunal awarded amount less than ten thousand rupees and it is applicable to such cases where a person sustains minor injuries. If the quantum of compensation is inadequate or excessive, that is a good ground to interfere under Section 173(1) of the Motor Vehicles Act, 1988 by way of appeal. The amount in dispute in the appeal means all amount granted as part of the award which includes the cost and interest on the compensation till the making of the award.