JUDGMENT

This appeal is preferred by the insurer against the award of the Motor Accidents Claims Tribunal, North Paravur in OP (M.V) No.635 of 2009. The status of the parties herein is referred to as it appears in the claim petition unless otherwise specifically mentioned.

2. The petitioner was a Peon in Government L.P School. According to the petitioner, on 12.06.2009, while she was standing on the road side after getting down from the bus bearing registration No. KL-08/AC-4646 near Camco company, Athani, the bus was taken forward rashly and negligently by the second respondent driver and as a result, the bus hit the petitioner and she sustained serious injuries. She was taken to hospital and was treated as an in-patient from 12.06.2009 to 09.01.2010 intermittently and continued treatment thereafter. She claimed an amount of Rs.18,00,000/- as total compensation for the injuries sustained in the accident.

3. Before the Tribunal, respondents 1 and 2, the owner and the driver of the vehicle respectively, remained ex-parte. The petitioner was examined as PW1 and Exts.A1 to A19 series and Ext.X1 were marked on her side. The 3rd respondent insurance company filed a written statement admitting that the vehicle was covered by a valid policy of insurance. However, it was contended that the accident happened solely due to the negligence of the 2nd respondent. They also disputed the age, occupation and monthly income of the petitioner. It was further contended that the amount claimed is excessive and exorbitant.

4. The Tribunal found that the accident happened due to the negligence of the 2nd respondent, the driver of the vehicle and awarded an amount of Rs.15,42,850/- as compensation with 8% interest per annum from the date of the petition till realisation with proportionate cost of Rs.17,750/-. The 3rd respondent insurer was directed to satisfy the award. The compensation awarded by the Tribunal under various heads is as follows:-

Sl. No.	Head of claim	Amount claimed (in Rupees)	Amount awarded (in Rupees)	Basis – Vital detail in nutshell
1	Pain and Sufferings	1,00,000	1,00,000	-
2	Loss of amenities of life, discomforts & inconvenience caused	1,00,000	1,00,000
2	Loss of income	25,000	56,700	4,728x12
4	Medical expenses 8,00,000		5,23,500
5	Bystander expenses	1,00,000	1,00,000
6	Transportation expenses	15,000	15,000
7	Damage to clothing & articles	1,000	500
8	Extra nourishment	20,000	20,000
9	Compensation for disability	5,00,000	3,97,150	Ext.X1
10	Future medical expenses	50,000	50,000
11	Future bystander expenses	-	1,80,000
12	Loss of earning power	2,00,000	Nil
13	Loss of skin and flesh	50,000	Nil

Rs.19,61,000/- Rs.15,42,850/- Total limited to Rs.18,00,000/- 5. The 3rd respondent insurance company has filed the appeal aggrieved by the quantum of compensation awarded by the Tribunal. According to the appellant, the petitioner continued to work in the school even after the accident and there is no loss of earning power on account of her disability and no amount can be awarded under the head compensation for disability. The appellant also contends that several concessions were extended to the petitioner by the hospital towards medical expenses and the Tribunal went wrong in awarding the amount of Rs.1,36,640/- as objected to, by the appellant under the head medical expenses. The appellant also contends that the Tribunal went wrong in awarding future bystander expenses of Rs.1,80,000/- in addition to the amount of Rs.1,00,000/- awarded under the head bystander expenses. The amount of compensation awarded under other heads is also challenged by the appellant.

6. While examined as PW1 before the Tribunal, the petitioner has deposed regarding the injuries sustained by her. Ext.A4 wound certificate shows that she has suffered the following injuries:- “1) Sub trochanteric fracture right knee.

2) Compound fracture right knee. 3) Circumferential degloving from inguinal area to upper half of r

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