GEORGE ABRAHAM Vs. BINU KURIAKOSE,

JUDGEMENT

(1.) This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV) No. 75/2007. The claimant, a pillion rider who sustained injuries in a road accident dated 11.6.2005, had been awarded a compensation of Rs. 11,800/=. Dissatisfied with the same he has come up in appeal for enhancement.

(2.) Heard the learned Counsel for the appellant as well as the insurance company. A perusal of the award especially para-10 would reveal that the Out Patient Department confirmed the lacerations on the lip, vertebra. He had avulsion of two upper teeth and three lower teeth and he had abrasion on the neck. The injuries were sutured. The radiological examination revealed that he had sustained fracture of the patella (knee injury). It is also seen that he had visited the Dental Department of the hospital up to 9.8.2005. He was a young boy who was studying for computer at Bombay .

(3.) I feel that the Tribunal has awarded grossly inadequate compensation. When a person had sustained avulsion of about 6 teeth, fracture of the patella and various other injuries on other parts of the body and had continued treatment almost for a period of two months, it was not proper on the part of the Tribunal not to grant any amount towards medical expenses. It is true that he was treated in the Medical College Hospital. But nature of the injuries would reveal that radiological examination was necessary not only with respect to the patella but also with respect to the head and therefore taking into consideration these aspects, I award a sum of Rs. 2,000/= towards treatment expenses.Similarly it can be seen that the claimant's three teeth each on the upper and lower portion of the mouth got avulsed and the treatment records further revealed that he had undergone treatment for a period of almost two months.Therefore, I feel at least an amount of Rs. 2,000/= can be granted towards extra nourishment. It is true that no disability certificate is produced. It has to be borne in mind when a young person sustains fracture of the patella, certainly it will affect his movements. So also the avulsion of six teeth would cause him handicap even in enjoying food at the age of 19. Certainly there would have been temporary disability and loss of amenities which has to be taken into consideration. Therefore I am inclined to grant an additional compensation of Rs. 10,000/= towards additional loss of amenities and enjoyment. Thus, the claimant is entitled to an additional compensation of Rs. 14,000/=.