2010 INSC 0633
                                    SUPREME COURT OF INDIA

                                       John Rep.By Guardian Mary

                                                      Vs.

                                   Manag.Partner, Pynadath Fin.Corp.

                                           C.A.No.5878 of 2010

                               (Dalveer Bhandari and Deepak Verma JJ.)

                                                  19.07.2010

                                                   ORDER

1. Leave granted.

2. 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.

3. The vehicle involved in the accident was a scooter owned by the first respondent herein.

4. The appellant filed a claim petition before the Motor Accident Claims Tribunal at
Irinjalakuda, Kerala, (hereinafter referred to as 'the Tribunal'). The Tribunal vide its
judgment dated 15.12.1999 awarded a compensation of only Rs.1,20,100/-.

5. 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.

6. 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.

7. 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 Tribunal, therefore,

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directed the 2nd respondent to pay the balance amount of Rs.86,792/- to the appellant with
interest at the rate of 6% per annum.

8. 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 dated 12th 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.

9. We have heard the learned counsel on both sides.

10. 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.

11. This appeal is disposed of accordingly. No costs.

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