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Judgment
A.V. Ramakrishna Pillai, J.—The injured is the appellant. He approached the Tribunal claiming compensation to the tune of Rs. 1,87,000/- against which the learned Tribunal awarded a sum of Rs. 35,100/- as compensation under various heads for the injuries sustained by him in a road traffic accident occurred on 2/5/2006.
Allegedly, the appellant was travelling in a jeep which collided with the tempo trax coming with the opposite side. The learned Tribunal after considering the evidence fixed the primary liability on the driver of the tempo trax which was insured with the 3rd respondent.
We have heard the learned counsel for the appellant as well as the learned counsel for the Insurance Company.
Allegedly, the appellant, who was working as a Junior Superintendent in the MILMA Dairy earning a monthly salary of Rs. 8857/-, sustained the following injuries as per Ext.A14 which is the copy of the wound certificate.
Pain over right side of chest, lacerated wound over scalp left pinna, pain right shoulder X-ray and CT revealed brain edema as well as fracture to 2,3,5,6,7 ribs with contusion.
He was hospitalised and underwent treatment for a period of 19 days.
We have carefully gone through the award.
The learned counsel for the appellant submitted that the amount awarded by the learned Tribunal under all heads are inadequate. Going through the award, we find that the amount awarded by the learned Tribunal for loss of earning, towards medical expenses, by-stander''s expenses, transportation expenses, expenses for extra nourishment, damage to clothing etc. are quite reasonable. However, the learned Tribunal has awarded only Rs. 10,000/- for pain and suffering. We do note that the appellant sustained fracture to the 2nd, 3rd,4th and 7th ribs with lacerated wound over scalp left pinna. Considering the nature of the injuries sustained, we are of the definite view that some more amount could have been awarded by the Tribunal towards compensation for pain and suffering. Hence we award an additional sum of Rs. 5,000/- under that head. Towards loss of amenities and inconvenience for the period during which he underwent treatment and the period during which he was compelled to take rest, the learned Tribunal has awarded Rs. 5,000/-, only also according to us the said amount is inadequate. Hence, we are awarding an additional sum of Rs. 5,000/- on that count also. As already pointed out since the amount awarded under other heads are quite reasonable, we see no reason to interfere with the same.
In the result, we find that the appellant is entitled to an additional sum of Rs. 10,000/-.
The appeal is allowed and the award is modified as above.
The additional amount awarded will carry interest at the rates awarded by the Tribunal.