K.K. GANGATHARAN Vs. K. ALI & ORS.

JUDGEMENT

(1.) The appellant was the petitioner in O.P. (MV) No. 580 of 2004 of the Motor Accident Claims Tribunal, Kalpetta. The above petition was filed under section 166 of the Motor Vehicles Act claiming compensation for the bodily injuries and consequential disablement suffered by him in a road traffic accident. He claimed Rs. 1,00,000/- as compensation. But the 3rd respondent insurance company opposed the said application disputing the quantum of compensation claimed under various heads and the cause of accident, but admitted the coverage of the policy. After considering the evidence on record, the tribunal passed the impugned award granting Rs. 13,750/- as compensation to the appellant. The inadequacy and correctness of the quantum of compensation determined under various heads of claim are challenged in this appeal.

(2.) Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent insurance company. It is contented that the monthly income fixed by the tribunal at Rs. 2,500/- is very low and it requires enhancement as the accident had occurred in the year 2004. Further, it is contented that amount determined, under the heads transport to hospital and pain and suffering, is inadequate and requires enhancement. Thirdly, the court below went wrong by omitting the claim under the head loss of amenities to the life.

(3.) Per contra, the learned counsel for the 2nd respondent insurance company advanced arguments to justify the quantum of compensation determined under various heads. According to the learned Standing Counsel for the 2nd respondent insurance company, the amount determined, by the tribunal under various heads, is just and fair and there is no scope for any further interference.