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2013 Supreme(Online)(KER) 28293

HIGH COURT OF KERALA
S. SIRI JAGAN, BABU MATHEW P.JOSEPH, JJ
BENJITH BENNY (MINOR – Appellant
Versus
SUNIL K M AND OTHERS – Respondent


JUDGMENT

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S.Siri Jagan,J The appellant is the claimant in O.P.M.V.No,315 of 2001, before the Motor Accidents Claims Tribunal, Kalpetta. He suffered serious injuries on his legs on account of an accident, caused by the negligent driving of a vehicle driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. The appellant was 7 years old at the time of accident, on 23.02.2001. He claimed compensation for the injuries and consequent disabilities suffered him. The Tribunal awarded compensation under various heads as follows :

Transport to hospital - Rs.12,000/- Extra Nourishment - Rs.10,000/-

Damage to clothing and articles - Rs.1,000/-

Medical Expenses - Rs.2,18,000/-

Bystander's Expenses - Rs.35,000/-

Compensation towards the shortened expectation of life - Rs.10,000/-

Compensation for pain and suffering - Rs.30,000/- Compensation for permanent disability - Rs.94,500/-

Total - Rs.4,10,500/-

Dissatisfied with the quantum of compensation awarded, the appellant had filed this appeal seeking enhanced compensation.

2. The counsel for the appellant would contend that notional monthly income of Rs.1,500/- fixed by the Tribunal is too low. It is submi

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