Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL APPEAL NO. 5878 OF 2010
(Arising out of SLP(C) No.15954/2009)
JOHN REPRESENTED BY GUARDIAN MARY Petitioner(s)
VERSUS
MANAGING PARTNER,
PYNADATH FINANCE CORPORATION & ORS. Respondent(s)
O R D E R
Leave granted.
The appellant, who was aged about 11 years at the
relevant time, met with an accident while walking on a
public road. He suffered severe head injuries and as a
result thereof he became mentally retarded and was even
unable to attend to his routine day-to-day mundane
activities. Unfortunately he also lost his father during
the pendency of the matter.
The vehicle involved in the accident was a scooter
owned by the first respondent herein.
The appellant filed a claim petition before the
Motor Accident Claims Tribunal at Irinjalakuda, Kerala,
(hereinafter referred to as 'the Tribunal'). The Tribunal
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vide its judgment dated 15.12.1999 awarded a compensation
of only Rs.1,20,100/-.
Aggrieved by the quantum of the award, the
appellant filed an appeal before the High Court of
Kerala. The High Court remanded the matter to the
Tribunal for passing fresh award after giving an
opportunity to the parties to adduce further evidence and
after considering the entire evidence.
The Tribunal after considering the entire evidence
adduced by the parties, found that the accident took
place due to rash and negligent driving on the part of
the rider of the scooter. The Tribunal further held that
the rider of the scooter, owner of the scooter and the
insurance company with whom the scooter was insured, are
liable to pay compensation. The Tribunal vide its
judgment dated 22.03.2006, awarded a total compensation
of Rs.2,06,892/- with interest at the rate of 6% per
annum.
The appellant was permitted by the Kerala High
Court to withdraw a sum of Rs.1,20,100/- as awarded by
the Tribunal vide its judgment dated 15.12.1999. The
nd
Tribunal, therefore, directed the 2 respondent to pay
the balance amount of Rs.86,792/- to the appellant with
interest at the rate of 6% per annum.
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The appellant still being aggrieved by the quantum
of compensation, filed an appeal before the High Court
of Kerala. The High Court of Kerala, by its judgment
th
dated 12 November, 2008, partly allowed the appeal and
enhanced the compensation by Rs.1 lakh. The High Court
further directed that this additional amount of
compensation shall carry interest at the rate of 7.5% per
annum.
We have heard the learned counsel on both sides.
On consideration of the totality of the facts and
circumstances of this case, we deem it appropriate to
direct that respondent No.2 shall pay an amount of
Rs.1,25,000/- to the appellant within four weeks from
today, in full and final settlement of his claim. This
amount shall be over and above all other amounts which
have been directed to be paid by the respondents.
This appeal is disposed of accordingly. No costs.
.....................J
(DALVEER BHANDARI)
.....................J
(DEEPAK VERMA)
New Delhi;
July 19, 2010.