Court enhanced compensation for traumatic injuries caused by negligent driving, emphasizing the importance of just and reasonable compensation based on substantial medical evidence and prolonged recovery.

JUDGMENT This appeal is filed by the claimant in O.P (MV) No.984 of 2006 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation awarded by the tribunal. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 31.10.2005 at about 5.10 pm, while the claimant was travelling on a motorcycle bearing Reg.KL-4/G/5355 and when the motorcycle reached at Thookkumkulam Junction, a Maruthi car bearing Reg.No.KL-4/B-6288 driven by the first respondent in a rash and negligent manner, hit against the claimant’s motorcycle, whereby he sustained serious injuries. The first and second respondents are the driver and the insurer of the offending vehicle respectively. According to the claimant, accident occurred due to the rash and negligent driving of the 1^st respondent, who was the driver of the maruthi car bearing Reg. No. KL-4/B-6288. Hence, the claimant approached the tribunal claiming a total compensation of ₹5,95,000/-.

3. The 2^nd respondent/insurance company filed written statement contending that the accident occurred due to the rash and negligent riding of the motorcycle.

4. Before the tribunal, Exts. A1 to A9 were marked.

The Tribunal, after analysing the pleadings and materials on record, awarded a compensation of ₹2,46,660/- under different heads with interest @7.5% per annum from the date of petition till realization against the second respondent/ insurer. Aggrieved by the quantum of compensation awarded, appellant/ claimant has preferred this appeal seeking enhanced compensation.

5. Heard the learned Counsel for the appellant and the learned Standing Counsel for the 2^nd respondent/ insurer.

6. There is no dispute over the fact that the claimant met with a motor vehicle accident on 31.10.2005, while he was travelling in a motorcycle. It is in evidence that the accident occurred due to the rash and negligent driving of the maruthi car which was insured with the 2^nd respondent.

7. The learned counsel for the claimant contended that the compensation awarded by the tribunal is meager and the compensation awarded under all heads is on the lower side, and it is not a just and reasonable compensation as mandated by law.

8. Now let us see whether the claimant is entitled to any enhanced compensation, and if so, what is the quantum.

9. Ext.A3 wound certificate cum discharged certificate, Ext.A5 wound certificate and Ext.A6 discharge summary and Ext.A9 discharge certificate would reveal that the claimant sustained Comminuted fracture, compound fracture tibia, fracture skull of femur, Fracture shaft, Type IIIA open fracture, and segmental fracture of both bones (R) leg and he had undergone treatment at the Medical Trust Hospital, Ernakulam from 31.10.2005 to 05.12.2005. Thus the treatments medical records would reveal that the claimant sustained grievous injuries in the incident.

10. According to the claimant, he was a Government servant working as third grade overseer LSGD and was drawing a salary of ₹6,368/- per month at the time of the accident. Though he would say that he was a government servant drawing a salary of ₹6,368/- per month, no documents were produced by him to substantiate the said contention. But the insurance company has no dispute that he was a government employee at the time of the accident.

11. The tribunal has awarded an amount of ₹30,000/-

under the head loss of earnings on the ground that in view of the serious nature of the injuries he would have taken leave for six months and he would have taken rest for a period of six months. The tribunal awarded an amount of ₹30,000/-

under the head of loss of earnings needs no interference. 12. The tribunal has awarded an amount of ₹2,000/- for transportation expenses as against the claim of ₹10,000/-. Takin