The petitioner in O.P.(M.V.) No.849 of 2007 of the Motor Accidents Claims Tribunal, Kozhikode, has come up in appeal raising inadequacy of the amount of compensation granted by the Tribunal through the impugned award. 2. The appellant aged 30 years, suffered a motor accident on 25.1.2007. It is averred that he is a technician working at Voltas Company, Calicut. In the accident he sustained fracture of shaft of left humerus and right nerve palsy. He suffered fracture of his 2 upper incisors also, along with other injuries. He was hospitalised as inpatient for two days. The Tribunal has granted an amount of `4,000/- only towards loss of earning, an amount of `18,500/- towards pain and sufferings and an amount of `1,500/- only towards loss of amenities.
3. Heard the learned counsel for the appellant and the learned counsel for the third respondent. The learned counsel for the appellant has pointed out that the amount granted towards loss of earnings, is too low. In the absence of any salary certificate or proof of employment, the court below could have considered his monthly income as `3,500/- and at least three months' income ought to have granted as compensation towards loss of earnings. Considering the serious nature of injuries, the court below ought to have granted `20,000/- towards pain and sufferings. Towards loss of amenities, it seems that the court below has granted a meagre amount of `1,500/- only. In this particular case, considering the age of the injured person and the nature of injuries sustained, the court below ought to have granted an amount of `7,000/- towards loss of amenities.
In the result, this appeal is allowed in part and an amount of `13,000/- more, is granted as additional compensation over and above the amount fixed by the Tribunal in the impugned award. The third respondent Insurance Company shall pay the said amount with interest at the rate of 7% from the date of petition, within two months from today. There is no order as to costs.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge