Mohammed vs Balakrishnan. K, Shaju and The United India Insurance Co. Ltd. Branch Office, Pandi Automobiles Building, UP Hill Malappuram

Pius C. Kuriakose, J

A coolie worker who sustained deep lacerated wound on the fore-head right side, tenderness on the right knee and fracture of femoral condyle on right leg complains that the Tribunal did not award him reasonable compensation. As against his claim for Rs. 1 lakh what was awarded to him by the Tribunal is only Rs. 7,200/-.We have considered the grounds raised in the memorandum of appeal and the submissions addressed before us by Smt. K.V. Rashmi, the learned counsel for the appellant and Sri. P.S. Sreedharan, Sri. P.V. Kunhikrishnan and Sri. A.R. George the learned counsel appearing for the respondents.

Smt. Rashmi''s argument was that the compensation presently awarded is grossly inadequate while the argument of the learned counsel for the respondents was that there is no warrant for giving enhancement.

We are of the view that the grievance of the appellant that he was not paid adequate compensation is genuine. He was a coolie worker and the accident occurred in 2003. His monthly income should have been taken to be Rs. 3,000/-. He was in hospital for just one day and that must be the reason why the learned Tribunal awarded only Rs. 1,000/- as loss of income. We are sure that the injuries are such that the appellant was disabled from doing any work for at least three months. This means that the appellant becomes eligible for loss of earnings for a period of three months at the rate of Rs. 3,000/- per mensem. We therefore award to the appellant Rs. 8,000/- more as loss of earnings. According to us, the compensation of Rs. 3,000/- awarded towards pain and sufferings is quite inadequate. Considering the gravity of the injuries sustained, we award to the appellant Rs. 12,000/- more as compensation for pain and sufferings. So also we are of the view that the compensation presently awarded towards loss of amenities is inadequate. We award to the appellant Rs. 8,500/- more as compensation for loss of amenities. Thus in all we award to the appellant Rs. 28,500/- over and above what is presently awarded by the Tribunal. This amount will carry interest at 7% per annum from the date of claim petition till realisation. The appeal is allowed. No costs.