The petitioner sustained injuries in an accident while he was travelling in an autorickshaw. Respondents 1 to 3 were the driver, owner and insurer respectively of the vehicle. The Tribunal accepted the appellant's case that the accident was due to the negligence of the 1st respondent. The compensation was fixed at Rs.12,900/-. The 3rd respondent was directed to pay the amount. The appellant is not satisfied with the compensation. Hence the appeal. 2. Heard.
3. The appellant sustained the following injuries:
i. Lacerated injury on the upper jaw.
ii. Loosening of the upper incisor.
iii. Cut injury on the lower jaw.
4. No evidence was adduced to prove his income. The Tribunal rightly fixed it at Rs.3,000/- per month. He was granted one month's income under the head loss of earning. The nature of the injuries indicates that he could not have worked for 1 ½ months. He is entitled to get Rs.1,500/- more under this head. Under the heads M.A.C.A.No.647 OF 2012 2 transport to hospital, by-stander's expenses and loss of amenities of life he will be granted Rs.500/- each in addition to the amount awarded by the Tribunal. The compensation given under the other heads appear to be reasonable.
5. The total amount the appellant is entitled to get in excess of the amount awarded by the Tribunal is Rs.3000/-.
In the result, this appeal is allowed in part. The total amount the appellant is entitled to in addition to the amount awarded by the Tribunal is Rs.3,000/- (Rupees Three thousand only).
K.ABRAHAM MATHEW JUDGE pm The words “with interest at the rate mentioned in the Tribunal” are added to the last part of the relief in the judgment dated 21.11.2014 in M.A.C.A 647/2012, vide order dated 12.12.2014 in R.P.971/2014 in M.A.C.A 647/2012.
Sd-/ Registrar (Judicial)