IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 MFA.No. 1300 of 2001(B) ---------------------------------- AGAINST OPMV.2134/1999 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ------------------------------------ VISHNUKUMAR (MINOR), AGED 10 YEARS, S/O.SREENIVASAN, ENGANDIYOOR HOUSE, POOTHOLE P.O., S.N.PARK, THRISSUR, REPRESENTED BY HIS MOTHER, VIJAYA, W/O.SREENIVASAN ENGANDIYOOR HOUSE, POOTHOLE P.O., S.N.PARK, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. RAJENDRA PRASAD YADEVE, S/O.RAMADAS YADEVE, DEEN DAYAL NAGAR, NATARAJ SOCIETY, PANJA PAKADINAVUPADA, URAMUM, THANA WEST, MAHARASHTRA STATE. 2. SUKHRAM R.YADAV, KASHIRAM, SHIRRAM BUILDING, FIRST FLOOR, OPP.BRACKS BHATTI, AIROLI, BELAPUR. 3. UNITED INDIA INSURANCE COMPANY LTD., WATVE BUILDING, MANPAYA ROAD, NEAR SHIVAJI STATUE, DOMBIVILLI, MAHARASHTRA STATE. R3 BY ADV. SRI.MATHEW JACOB (SR) ,SC INSURANCE (B/O) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1300 of 2001 ----------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Koshy, J. Appellant-petitioner, at the age of 8, met with a motor accident and suffered fracture to the neck of right femur. The Tribunal found that the accident occurred while he was travelling in a car. The car hit on the back side of the lorry which stopped suddenly on the road. The Tribunal found that the driver of the car was negligent by 10% and driver of the lorry was negligent by 90%. Both driver and owner of the car are not made parties in the petition. Therefore, out of total compensation granted, 10% was deducted. We see no ground to interfere with the apportionment of 10% of contributory negligence on the part of the car driver, as even if the lorry is stopped abruptly, if the car is running on a fair distance, it would not have hit on the back side of the lorry with such a serious impact. Therefore, apportionment of 10% negligence on the part of the car driver is fully justified. The disability assessed was only 5.6%. Further, since the accident is occurred in the young age, it will be rectified in the passage of time also. In any event, the MFA.1300/01 2 total amount awarded was Rs.69,500/-. The Tribunal has also awarded 9% interest from the date of petition. Considering the nature of the injuries, we are of view that just and reasonable compensation was awarded by the Tribunal. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1300/01 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ MFA.1300 OF 2001 ------------------------------ JUDGMENT 4.1.2008