PRAMOD DAS Vs. KOMALAVALLY

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV)No.2747 of 2007 of Motor Accidents Claims Tribunal, Thrissur by the injured. Appellant sustained injuries in a motor accident and he preferred the above claim petition under Section 166 of the Motor Vehicles Act 1988 and the Motor Accidents Claims Tribunal awarded compensation of Rs.7,59,100/-. Being aggrieved by that, the injured preferred this appeal.

(2.) It would be relevant to refer the facts leading to this accident. On 29-12-2006 at 9.15.am appellant was riding a motor cycle KL-9-Q-2823 with a pillion rider from Alathur- Kazhani Chungam road, when he reached at near the Petrol pump another vehicle KL-8-AE-6732 driven in a rash and negligent manner hit against the motor cycle. As a result, the rider and pillion rider sustained serious injuries. Immediately they were removed to hospital. The driver and owner of the offending vehicle were set ex-parte. The insurer admitted the insurance of the vehicle. This case was tried along with OP(MV)No.2746 of 2007. The evidence consist of oral testimony of PW1 to PW3 and documentary evidence of Ext.A1 to A25. Appellant contended that he sustained serious injuries in the above accident. He was working as a Marketing Executive at South Land India Limited, Palakkad and was getting Rs.10,000/- per month. He sustained 50% permanent disability and unable to do any work. The Motor Accidents Claims Tribunal reduced his income and took Rs.4,000/- for calculating disability compensation and just amount was not awarded.

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