Aboobacker vs Purushu

B. Kemal Pasha, J.—Dissatisfied with the award in O.P.(MV) No. 1351/2008 of the Motor Accident Claims Tribunal, Kozhikode, the petitioner has come up in appeal.

The appellant sustained serious injuries in a motor accident on 15.05.2008, occurred on account of the negligence of the 2nd respondent in riding a motorcycle bearing Reg. No. KL-11-N-6717. The 1st respondent is the registered owner of the motorbike and the 3rd respondent is the insurer.

It seems that the appellant had sustained fracture of both bones of left leg; lacerated wound 4 x 3 cm over upper 1/3rd left leg and swelling and deformity of left leg. He had undergone treatment as inpatient from 15.05.2008 to 22.05.2008 and thereafter from 14.08.2008 to 20.08.2008. Even though medical bills to a tune of 29,217/- were submitted, the Tribunal had honoured medical bills for an amount of 6,602/- only, as the other medical bills pertained to Ayurvedic medicines were not supported by any prescriptions or other documents. The court below has granted an amount of 27,852/-, with interest, as compensation.

Heard the learned counsel for the the appellant and the learned counsel for the respondents. The learned counsel for the appellant has pointed out that under the head transport to hospital an amount of 500/- only was granted by the Tribunal. For loss of earnings, the Tribunal has granted only 2,500/-, and towards loss of amenities the Tribunal has granted an amount of 1,000/- only. It has been pointed out that the amounts fixed by the Tribunal under those heads are quite inadequate and do not reflect the actuals. According to the learned counsel for the appellant, the appellant was working abroad and he was on leave during the period of accident; but no evidence has been adduced to show that he was working abroad. He was aged 55 years at the time of accident. The learned counsel for the appellant has pointed out that the court below has considered his monthly earnings as 2,500/- and fixed one month's income as loss of earnings. Considering the seriousness of the injuries sustained to him, it is evident that at least for four months he would have been unable to do any work at all and his income for four months have to be granted as compensation towards loss of earnings, by considering his monthly income as 3000/-. Towards transport to hospital an amount of 500/- more can be granted, over and above the amount arrived at by the Tribunal. Towards loss of amenities, it seems that a meager amount of 1,000/- has been fixed by the court below which is totally inadequate. An amount of 7,500/- has to be granted towards loss of amenities. Therefore, the appellant is entitled to get an additional compensation of 16,500/-, over and above the amount granted by the Tribunal.

In the result, this appeal is allowed and an additional compensation of 16,500/- with 7% interest per annum is granted to the appellant. The Tribunal is granted permission to the 3rd respondent to pay the amount and to recover the same from the registered owner, as the rider had no driving license to ride the motorbike. Such conditions will apply herein also. The 3rd respondent shall deposit the amount within a period of two months from today.