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Judgment
S. Siri Jagan, J.—The appellant herein is the petitioner in O.P(M.V.). No. 498/2002 before the Motor Accidents Claims Tribunal, Kottayam. He suffered injuries in a motor accident on 20.11.2001 involving a vehicle owned by the 1st respondent, which gave rise to the claim before the Tribunal. The Tribunal awarded the following compensation to the appellant:
The petitioner is challenging the quantum awarded by the Tribunal. According to the petitioner, the compensation awarded on various heads is grossly inadequate compared to the injuries and consequent disability suffered by him. According to the petitioner, the petitioner had produced Ext. A5 disability certificate, which certified 9% disability, which has not been taken into account by the Tribunal while awarding the compensation. It is also submitted that the compensation in the other heads also is inadequate.
On the other hand, the learned counsel for the 2nd respondent-insurance company would contend that the compensation awarded by the Tribunal is quite just and adequate.
We have considered the rival contentions in detail. Considering the injuries sustained by the petitioner, we are of opinion that the compensation awarded by the Tribunal on various heads is in accordance with the settled principles. But we think that some compensation should have been awarded to the petitioner on account of the permanent disability certified by the doctor, who treated the petitioner. Taking into account all the facts and circumstances of the case, we are inclined to grant a further compensation of Rs. 10,000/- more to the petitioner on the head of compensation for permanent disability. Accordingly, the petitioner is entitled to get Rs. 10,000/- more as compensation in addition to what has already been awarded by the Tribunal. That amount would carry interest at the rate of 9% per annum from the date of the petition till payment. The insurance company is directed to deposit the additional compensation before the Tribunal within two months from today.
The M.A.C.A. is disposed of as above.