The appellant was the claimant in O.S.441/2010 on the file of the Motor Accidents Claims Tribunal, Ottapalam. He sustained injuries in a motor accident. The first respondent was the owner cum driver of the vehicle, which caused the accident. The second respondent was the insurer. The Tribunal found that the accident was due to the negligence of the first respondent and he is entitled to compensation. The Tribunal fixed it at Rs.72,300/-. The appellant is aggrieved by the compensation. Hence the appeal. 2. Heard.
3. The appellant was a degree student. Still the learned Tribunal awarded Rs.6,000/- under the head loss of earnings on the basis of the evidence of the appellant that he used to take tuition for students. There is no room for complaint. The amounts awarded under the heads medical expenses, bystander's expenses, transport to hospital, extra nourishment, damage to clothings and pain and suffering appear to be reasonable.
4. It is submitted by the learned counsel that apart from the fracture sustained by him the appellant lost two teeth. I would have certainly granted some compensation taking into account this fact; but the amount awarded by the learned Tribunal under two heads appear to be without any justification. There was no medical evidence to show that the appellant required future treatment. Still the learned Tribunal awarded him Rs.7,500/-. Mention has already been made that though he was a student, he was given Rs.6,000/- under the head loss of earnings.
5. The appellant sustained fracture of the left humerus (1/3rd).The doctor issued a certificate that he has a permanent disability of 7%. The Tribunal took it as 5%. This also does not appear to be proper taking into account the nature of the injury.
I find no merit in this appeal. In the result, this appeal is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/