~ ~ ~ ~ ~ ~ ~ ~ ~ Dissatisfied with the award dated 29.09.2009 passed by the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) No.382/2004, the petitioner has come up in appeal. 2. The appellant, a coolie worker aged 21 years, suffered a motor accident on 28.03.2004 when he was knocked down by a jeep driven by the first respondent in a rash and negligent manner, while he was walking through the road. It is the admitted case that he suffered (i) fracture of tibia, (ii) fracture of pelvis and (iii) pubic diastasis. He had to spend 32 days in hospital and to incur an expense of ₹1,750/- towards medical expenses. The Tribunal has passed the impugned award by fixing the compensation at ₹16,250/-.
3. Heard the learned counsel for the appellant Smt.Celine Joseph and the learned counsel for the respondent Smt.Raji Bhasker.
4. Much discussion is not required to conclude that the Tribunal was so cruel and stingy in passing such an award granting a meagre amount of compensation in a case like this wherein the appellant had to suffer very serious injuries. It seems that he had sustained fracture of his tibia, fracture of pelvis and also pubic diastasis. He had to spend 32 days in hospital. It seems that the Tribunal has taken a view that he need only be granted one month income at the rate of ₹2,500/- towards loss of earnings, an amount of ₹2,500/- only towards bystander's expenses and an amount of ₹8,000/- towards compensation for pain and sufferings.
5. Considering the nature of injuries, it seems that at least for 4 months he could not have attended his works. His monthly income has to be considered as ₹3,500/-. For 4 months, he is entitled to get an amount of ₹14,000/- as loss of earnings. An amount of ₹3,500/- has to be granted towards bystander's expenses. Towards compensation for pain and sufferings alone, an amount of ₹15,000/- has to be granted. Further, towards loss of amenities in a case like this, an amount of ₹7,000/- has to be granted. Therefore, he is entitled to get an additional amount of ₹26,500/- more as compensation over and above the amounts arrived at by the Tribunal.
In the result, this appeal is allowed and an amount of ₹26,500/- more is granted to the appellant as compensation, with interest at the rate of 7.5% per annum from the date of petition, over and above the amount granted by the Tribunal through the impugned award. The respondent insurer shall pay the amount within two months from today.
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(B.KEMAL PASHA, JUDGE) aks/12/06 // True Copy // PA to Judge