JISHA K K Vs. PRAJEESH C

JUDGEMENT

(1.) The appellant is the injured-claimant before the Tribunal, who claimed enhancement of the compensation awarded. Negligence was found in favour of the appellant and against the driver of the bus in which the appellant was travelling while the accident occurred. The appellant had suffered very serious injuries as seen from Exhibits A2 to A4 documents produced before the Tribunal. The Tribunal itself, on a perusal of the documents, has found the appellant to have sustained crush injury on both ankles, dislocation of left ankle joint, acid burns over both legs in front and dorsum of the right foot, fracture dislocation of left angle with gross dislocation of talus, fracture of 5th metacarpal and lateral malleolus right, fracture lower end of radius right. The appellant also had consulted a plastic surgeon and had undergone skin grafting and she was treated as inpatient at Baby Memorial Hospital, Kozhikode from 21.11.2005 to 19.12.2005. The appellant's claim is mainly on the amounts awarded for transportation, damage to clothing and articles, pain and suffering as also permanent disability.

(2.) The appellant was granted an amount of Rs.10, 000/- for transportation to hospital. The appellant had produced receipts, which were found to be not acceptable for reason of no authentication of the same. However, it is a fact that the appellant had suffered very serious multiple fractures and also burn injuries. This would have necessarily necessitated transportation of the appellant in an ambulance for regular follow up. In such circumstance, the amount awarded for transportation is enhanced to Rs.20, 000/- [Rupees twenty thousand].

(3.) The injuries would also indicate that there would have been damage to clothing and articles, for which an amount of Rs.2, 000/- is found as just compensation by this Court.