IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 279 of 2003(A) ---------------------- OPMV.667/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAI .................... APPELLANT: 3RD RESPONDENT: -------------------------- THE NEW INDIA ASSURANCE COMPANY LTD REP.BY ASST.ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER AND RESPONDENTS 1&2:- --------------------------------------------- 1. A.SIVAKUMAR(MINOR) REP.BY HIS NEXT FRIEND AND GUARDIAN/MOTHER S.GEETHA, W/O.AZHAKASAN, VADAKKEDATH HOUSE,PULIYANNOOR. 2. S.AZHAKESAN, VADAKKEDATH HOUSE,PULIYANNOOR (RIDER OF THE TWO WHEELER) 3. SUNNY MATHEW, THEKKEDATH HOUSE, PADUVA P.O., AYARKUNNAM(R.C.OWNER OF THE TWO WHEELER) IT IS RECORDED THAT NEXT FRIEND/GUARDIAN OF THE FIRST RESPONDENT IS DISCHARGED AND THE FIRST RESPONDENT IS GRANTED LEAVE TO PROCEED THE CASE IN HIS OWN NAME VIDE ORDER DATED 25-2-2004 IN IA 594/2004. BY ADV. SRI.V.K.SUNIL FOR R1 SRI.K.GOPALAKRISHNAKURUP FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 279 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. This appeal is filed by the Insurance Company challenging the quantum of compensation and also negligence aspect. Tribunal after going through the evidence found that driver of the vehicle insured by the Insurance Company was responsible for the accident. It is submitted that another vehicle owned by the K.S.R.T.C. was involved in the accident and the driver of the above vehicle was also charge-sheeted. He was not made a party to the proceedings. Tribunal considered Ext.A1 FIR and Ext.A2 scene mahazar and oral evidence adduced in this case. Claimant gave oral evidence which shows that driver of the vehicle insured by the Insurance Company alone was responsible. FIR also points out the same. No documentary or oral evidence was adduced rebut the evidence. On the basis of evidence, we are of the view that that the finding of the Tribunal that the driver of the vehicle insured by the appellant was responsible for the accident is correct. MFA 279/03 -2- 2. With regard to the quantum of compensation, claimant was only 14 years old at the time of the accident. Medical certificate shows that the claimant had 20% disability. Since he was minor, only Rs.15,000/- can be taken as the notional income per year and 15 is the multiplier as per the guidance in Second Schedule. If that be so, the compensation payable will be for 20% disability Rs.45,000/-. The Tribunal has awarded Rs.1,00,000/- towards disability. Rs.20,000/- was awarded under the head of loss of earning power. Therefore, the Tribunal has awarded Rs.75,000/- more for disability and loss of earning power. Hence, the total compensation payable will be Rs.81,750/- with proportionate costs and the rate of interest as awarded by the Tribunal. The award is modified accordingly. The appeal is allowed as above. J.B. Koshy, Judge K. Hema, Judge mn. MFA 279/03 -3- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 279 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008