R.Gopi v. M.a.Rasheed

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.3808 of 2003

JUDGMENT:

Dissatisfied with amount of compensation of Rs.1,07,000/- awarded by the lower Tribunal as against his claim of Rs.1,50,000/-, the claimant/injured filed this appeal.

2. The injured suffered Grade III-compound fracture of both bones of right leg in the road accident. He was operated upon and there was surgical debriment and external fixation was done. There was another minor surgery, perhaps for removal of the external fixation. The doctor certified that the fractures are not united.

3. The lower Tribunal awarded Rs.9,000/- towards loss of earnings, Rs.3,000/- towards transport to hospital, Rs.5,000/- towards medicines which are supported by bills, Rs.15,000/- towards pain and suffering and Rs.75,000/towards partial permanent disability of one leg of the claimant.

4. The appellant’s counsel contended that the lower Tribunal did not award any amount towards loss of

amenities. Another sum of Rs.5,000/- may be awarded towards that head, I am of the further opinion that amount of Rs.15,000/- towards pain and suffering granted by the lower Tribunal is of minimal side having regard to the compound fracture and surgical procedures undergone by the claimant. The petitioner is entitled for Rs.20,000/- towards pain and suffering for Grade III compound fracture of both bones of right leg, Rs.10,000/- towards pain and suffering for the initial surgical operation for debriment and external fixation and Rs.5,000/- towards second operation which was a minor one, totalling Rs.35,000/- instead of Rs.15,000/-. Thus, total compensation amount comes to Rs.1,32,000/-.