SHAIK SYED ALI Vs. BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.)

(2.) THE claimant in MVC No. 132/2008 has filed this appeal, seeking enhancement. The accident and the liability are admitted.

(3.) THE Tribunal disbelieved the evidence of the doctor on the ground that the injuries sustained do not cause any loss of earning capacity to him. The reasoning assigned by the Tribunal is just and appropriate. However, keeping in mind, the injuries sustained rather than holding the loss of earning capacity on percentage basis it would be appropriate that a lump sum of Rs. 10,000/ - is awarded towards the same. The amount awarded towards pain and suffering is enhanced by a further sum of Rs. 25,000/ -. The amount awarded towards medical expenses is appropriate and undisturbed. The amount awarded towards inconvenience caused namely loss of amenities is enhanced by a further sum of Rs. 20,000/ -. He was in hospital for 12 days. Hence, a sum of Rs. 12,000/ - is awarded towards food, nourishment and attendant charges. The appellant would require a period of at least 6 months to recover from the injuries. Hence, holding his notional income at Rs. 6,000/ - per month, since the accident occurred in the year 2007, the appellant is entitled to a sum of Rs. 36,000/ - (Rs. 6,000/ - x 6) towards loss of earning during the laid up period. A Sum of Rs 15,000/ - is awarded towards litigation expenses.