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HIGH COURT OF KERALA
AMIT RAWAL, J
SOMASUNDARAN – Appellant
Versus
UNITED INDIA INSURANCE CO.LTD – Respondent
JUDGMENT
Appellant/claimant has sought enhancement of the compensation by filing the present appeal against the award of the Motor Accidents Claims Tribunal, Kozhikode, dated
27.07.2015.
2. On 28.03.2013 at about 12.20 p.m. the appellant was walking through the extreme side of Meenchanda-Mini bypass road and when he reached near Vasan Eye Care Hospital, a scooter bearing registration No.KL-11/AF-8941, driven by the 2nd respondent and owned by the 1st respondent hit him causing grievous injuries. He remained as inpatient for a period of 7 days. Accordingly claimed compensation for Rs.6,24,000/- being a skilled worker, i.e., carpenter, earning a sum of Rs.15,000/- per month. Under various heads the Tribunal awarded compensation in the following manner:-
| The compensation c l a i med under d i fferent heads | Amount C l a i med | Amount A l l owed | Basis-vital details in a nut shell | |
| 1 | Loss of earnings due to the accident | 1 , 00,000/- | 30,000/- 5000 x 6 months |
| 2 | Transport to hospital | 5 , 000/- | 2 , 000/- | |
| 3 | Hospitalizaton for 7 days | 15,000/- | 5 , 600/- 7 x 800 | |
| 4 | Medical expenses | 85,000/- | 17,360/- | |
| 5 | Future treatment | 35,000/- | 5 , 750/- | |
| 6 | Pain and sufferings | 50,000/- | 20,000/- | |
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