Asha, J. Claimant in O.P(M.V) No.1223 of 2009 on the file of the Motor Accident Claims Tribunal, Ernakulam, has filed this appeal claiming enhancement in compensation as well as challenging the finding of the Tribunal regarding 50% of the contributory negligence on the part of the claimant. The Tribunal awarded a sum of Rs.2,38,200/- as against the claim of the appellant for Rs.2,93,500/-. The appellant sustained injuries on account of a motor accident occurred on 16.04.2009 on being hit by a car while he was riding a motor cycle.
2. Regarding the contributory negligence, the Tribunal found that the appellant did not produce the final report in respect of Crime No.3321 of 2009 of Kochi City Traffic Police Station. The appellant has produced the final report along with the appeal, which shows that the accident was on account of the rash and negligent driving of the 1st respondent. Therefore, we find that the finding as to the negligence on the part of the appellant was baseless. We therefore vacate the finding regarding the negligence. Therefore, the consequential reduction in the compensation also will be modified.
3. The appellant has also complained regarding the adequacy of compensation under the head `loss of amenities'. We find that no amount has been granted under the head `loss of amenities'. 20% disability has been assessed on account of the injuries sustained on the appellant, as seen from Ext.C1 disability certificate. It is also seen that he was in the hospital on account of the injuries sustained, as an inpatient, for a period of 19 days. We find it just and proper to award a sum of Rs.20,000/- towards loss of amenities and Rs.2,000/- towards attendant expenses. Therefore, the award will be modified as follows:
(Rupees Two lakhs fifty five thousand two hundred only) Therefore, the appellant will be entitled to the entire amount of compensation of Rs.2,55,200/- (Rupees Two lakhs fifty five thousand two hundred only) along with interest @ 9% per annum from the date of petition, as we have already vacated the finding of the Tribunal attributing contributory negligence on the appellant. We direct the Insurance Company to deposit the entire amount within three months, less the deposit if any already made, and on such deposit being made, the claimant can withdraw the amount.
The appeal is allowed accordingly. No costs.
rtr/ Sd/-
T.R.RAMACHANDRAN NAIR Judge Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge