K M BABU Vs. M J VARGHESE

JUDGEMENT

(1.) The appellant is the petitioner, who obtained an award granting Rs.72,344/-, as compensation for the damages sustained by him in a road accident. According to him, he is a coolie worker aged 46 years, engaged in road works. On 08.05.2003, at about 10.30 am, he was travelling in the offending jeep bearing Registration No.KL-7/Q-8419 to which a boiler was tied. He was sitting at the back of the jeep holding the boiler by putting his legs outside the jeep. Due to the impact of sudden breaking of the jeep by the 1st respondent, the boiler was slipped out of the hook and hit the petitioner's right leg and thereby he sustained serious injuries, including fractures. The accident occurred due to the rash and negligent driving of the jeep by the 1st respondent. Therefore, he is entitled to get compensation from the 1st respondent and the 2nd respondent Insurance Company is liable to give compensation to him, as the offending jeep was insured with the 2nd respondent at the time of accident. However, after considering the objections raised by the respondents, the Tribunal found that the 1st respondent is liable to pay compensation to the petitioner and the 2nd respondent is liable to indemnify the 1st respondent by paying compensation to the petitioner. This appeal is filed assailing inadequacy of the quantum of compensation granted under various heads by the Tribunal.

(2.) The learned counsel for the appellant advanced arguments contending that the quantum of compensation granted under the heads 'bystander expenses', 'loss of earnings', 'future treatment', 'loss of amenities' and 'pain and sufferings' are inadequate and disproportionate with the actual damages suffered by him. It is also contended that no compensation was granted under the head 'permanent disability'.

(3.) Per contra, the learned Standing Counsel appearing for the respondent Insurance Company advanced arguments to justify the quantum of compensation determined under various heads.