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2018 Supreme(Online)(KER) 57582

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
UNNIKRISHNAN – Appellant
Versus
BINDUL @ BINDIL T D – Respondent


JUDGMENT

The appeal is for the enhancement of compensation awarded by the Tribunal.

2. The appellant was riding a bicycle on

23.09.2006 and when he reached the place of occurrence, an autorickshaw, driven, owned and insured by the respondents 1 to 3 respectively, knocked him down, causing some injuries, resulting in amputation of the right little toe, which led to the claim petition filed before the Tribunal.

3. Evidence adduced consists of the oral testimony of the claimant as PW1, besides the documentary evidence Exts.A1 to A10. No evidence, either oral or documentary was adduced on part of the respondents. Based on the materials on record, the Tribunal fixed negligence solely on the part of the driver of the autorickshaw. Since the policy was admitted, after fixing a total compensation of Rs.30,450/- under various heads, it was directed to be satisfied with interest at the rate of 8% per annum from the date of the petition. This according to the appellant is inadequate and hence the appeal.

4. Heard the learned counsel for the appellant as well as the learned counsel appearing for the insurance company.

5. The learned counsel for the appellant points out that, despite amputation of t

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