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Judgment
K. Abraham Mathew, J.—The appellant sustained injuries in a motor accident. The vehicle belonged to the first respondent. It had been insured with the 2nd respondent. The Tribunal found that the accident was due to the negligence of the driver of the vehicle. It awarded a compensation of Rs. 27,459/- with interest at the rate of 7% per annum. The 2nd respondent was directed to pay the amount. The appellant is not satisfied with the amount awarded by the Tribunal. Hence, the appeal.
Heard.
The appellant sustained the following injuries:-
(i) Fracture tibial condyle (L)
(ii) Fracture left patella
(iii) Multiple injuries
He was treated as an inpatient for 9 days. The amounts awarded under the heads transport to hospital, damage to clothes, bystander''s expenses and treatment expenses appear to be reasonable. The amount of Rs. 18,000/- awarded under the head pain and suffering also is just and proper.
The only two heads which require consideration are loss of earnings and loss of amenities. The appellant was aged 31 years at the relevant time. The accident happened in the year 2007. In the absence of evidence to prove his occupation or income, his income is fixed at Rs. 3,000/- per month. Having regard to the nature of the injuries, I am satisfied that, he could not have worked for four months. So, instead of the amount of Rs. 3,500/- awarded by the Tribunal, Rs. 12,000/- will be awarded under this head, the excess being Rs. 8,500/-. Towards the loss of amenities, the Tribunal awarded Rs. 1,500/-. Under this head the compensation is fixed at Rs. 5,000/-, the excess being Rs. 3,500/-. The total amount, the appellant is entitled to in excess of the amount awarded by the Tribunal is Rs. 12,000/-.
In the result, this appeal is allowed in part. The appellant is allowed to recover from the 2nd respondent, Rs. 12,000/- (Rupees Twelve Thousand only) in addition to the amount awarded by the Tribunal with interest at the rate mentioned in its award. The appellant is not entitled to interest for the period of 1739 days.