GRIJU JOSEPH Vs. BENSON JOSEPH

JUDGEMENT

(1.) This appeal is preferred against the award in O.P(MV) No.1517/2009 of the Principal Motor Accidents Claims Tribunal, Kozhikode by the injured. The appellant sustained serious injuries in a motor accident on 23.11.2006 at about 1.30 pm and the learned Tribunal awarded Rs.37, 938/- with interest and cost as compensation. Being dissatisfied by that amount, the injured preferred this appeal.

(2.) The insurer admitted the insurance of the vehicle. The driver and owner of the vehicle did not dispute the accident in the lower court. Documents produced by the claimant were marked as Exts.A1 to A4.

(3.) In Yadava Kumar v. D.M. National Insurance Co. Ltd., (2010) 8 SCALE 567 Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows: