SIVAN Vs. BABY KURIAKOSE AND ORS.

JUDGEMENT

(1.) The accident was on 17.11.2005. The appellant sustained injuries in the accident. He was a pillion rider on a motor cycle. A lorry came from the opposite direction hit against the motor cycle. The lorry was driven in a rash and negligent manner. It was insured with the third respondent. The above are facts either admitted or proved.

(2.) Heard Sri. N.K.Karnis and Sri. V.P.K.Panicker, the learned counsel for the appellant and the third respondent respectively.

(3.) The appellant was a quarryman. He sustained severe injuries in the accident. He had fracture of both bones of left leg and fracture of right radial shaft with dislocation of right wrist joint. Nailing of tibia was done under spinal anesthesia and open reduction. Internal fixation of radial fracture was done on 19.11.2005. He was admitted in the hospital on 17.11.2005 and discharged on 4.12.2005. He was managed as an inpatient in the hospital for 17 days. He suffered a lot. But the tribunal awarded only Rs. 8,000/- as compensation for loss of amenities of life. Considering the injuries sustained by the appellant, his hospitalization for 17 days and the surgery undergone by him for internal fixation, I am of the opinion that the amount of Rs. 8,000/- awarded by the tribunal as compensation for loss of amenities of life was palpably low. I find it appropriate to enhance it by Rs. 10,000/-