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2023 Supreme(Online)(KER) 6548

HIGH COURT OF KERALA
Devan Ramachandran, J
VIJITH – Appellant
Versus
UNNI AND 2 OTHERS – Respondent


Advocates:
SRI.N.P.SAMUEL, SRI.K.P.SURESH KUMAR, GEORGE CHERIAN (SR.), ALEXY AUGUSTINE, K.S.SANTHI – SC

JUDGMENT

The appellant, the victim of a road accident, who suffered very grievous injuries, filed OP(MV) No.378/2007 before the Motor Accidents Claims Tribunal, Irinjalakuda (the 'Tribunal' for short), seeking a total compensation of Rs.3,50,000/-, but which has been allowed only to the extent of Rs.1,80,800/-.

2. The appellant impugns the Award of the Tribunal on various grounds, namely, that his notional income taken as Rs.2,000/- is in error; that the percentage of disability adopted is incorrect; that the compensation granted under the head “pain and suffering” is exiguous; and that he ought to have been granted compensation for “damage to clothing” and for “extra nourishment”.

3. Sri.K.P.Suresh Kumar – learned counsel for the appellant, in addition, submitted that the compensation for “loss of income” granted by the Tribunal is inadequate because he was unable to do any work for merely six months, but that the Tribunal has only accorded four months for such purpose.

4. Smt.K.S.Santhi – learned Standing Counsel for the Insurance Company, on the contrary, submitted that the compensation awarded by the Tribunal is without error and thus prayed that this appeal be dismissed.

5. I have

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