K S ABDUL JABBAR Vs. GOPI, AGED

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.1260 of 2007 of the Motor Accidents Claims Tribunal, Perumbavoor by the injured. Appellant sustained injuries in a motor accident on 11.05.2007 at 7.20 a.m. and the learned Tribunal awarded compensation of Rs. 3,65,649/- (Rupees Three Lakh Sixty Five Thousand Six Hundred and Forty Nine only) with 8% interest and proportionate cost. Being aggrieved by that, he preferred this appeal.

(2.) The accident was not disputed by the respondent in the lower court. Claimant's case in the lower court was that on 11.05.2007 at 7.20 a.m., while he was riding a motorcycle through Methala-Oadakkali road and when he reached at Kottachira, a Tempo Van KL-7/P-5805 driven in a rash and negligent manner and hit against the motorcycle as a result, he sustained serious injuries. The driver and owner filed written statement and contested the claim petition. The insurer admitted the insurance of the vehicle. Respondents 1 to 3 contended that the accident was due to the negligence of the appellant. Claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A29. Respondents did not adduce any oral evidence. The learned Tribunal awarded the following amounts as compensation. Loss of earning Rs. 14,000/- (Rs.3,500x4 months), Transport to hospital Rs. 1,500/-, Extra nourishment Rs. 3,000/- (Rs.750x4 months), Damage to clothes etc. Rs. 500/-, Attendant charges Rs. 3,000/- (Rs.150x20 days), Medical expenses Rs. 1,31,149/-, Pain and suffering Rs. 30,000/-, Loss of expectation Rs. 25,000/-, Disability Rs. 1,57,500/- (Rs.3,500x12x15x 25%) . The total compensation awarded is Rs. 3,65,649/- (Rupees Three Lakh Sixty Five Thousand Six Hundred and Forty Nine only).

(3.) Learned counsel contended that the appellant sustained brachial plexus injury and his right hand is fully paralysed. He was a Drafts Man and after the accident he could not do any work. The Medical Board assessed his disability at 50% and he is entitled to get just amount as compensation.