The court upheld the compensation awarded by the Tribunal, finding it reasonable considering the nature of injuries, treatment, and permanent disability suffered by the claimant.

This is an appeal preferred by R3/Insurance Company in O.P. (MV)No.628/2011 of the Motor Accident Claims Tribunal, Kasaragod (for short ‘the Tribunal) challenging the award dated 25.02.2015 passed by the Tribunal on the ground that the amount awarded by the Tribunal is excessive and exorbitant.

2. O.P(MV)No.628/2011 was filed by the claimant/1st respondent seeking compensation for the injuries sustained by him in a motor vehicle accident, which took place on 05.03.2011 while he was travelling in a car. R1 to 3 are the driver, RC owner and insurer of the offending lorry respectively. Claimant, who is a deaf and dumb person filed the claim petition seeking compensation of ₹5,00,000/- represented by his wife, who is the 2nd petitioner in the MACA No.3333 of 2015 O.P. After trial, the Tribunal awarded a sum of ₹4,28,000/- as compensation with interest at 8% per annum.

3. Aggrieved by the said award, R3 viz. the Insurance Company has preferred this appeal contending that the amount awarded is exorbitant.

4. Accident is admitted. There is no challenge over the fact that the accident occurred due to the rash and negligent driving of R1, who was the driver of the offending lorry. The evidence on record would show that the claimant suffered grievous injuries viz. fracture tibia and fibula and had undergone inpatient treatment and implants were inserted with POP cast. The whole body disability was assessed as 35%.

5. The Tribunal took the notional income as ₹4,000/- per month and assessed compensation on the said basis for the loss of earning and compensation for permanent disability.

6. Regard being had to the nature of injuries sustained by the claimant and the period of treatment undergone by him and the permanent disablement caused by the accident, the amount MACA No.3333 of 2015 awarded by the Tribunal under various heads cannot be said to be on a higher side or exorbitant.

The contention put forward by the R3 insurance company that the compensation awarded by the Tribunal is on a higher side and excessive is meritless. Accordingly, the above M.A.C.A stands dismissed with costs.