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Jins Joy v. Devi Vilasam

Jins Joy v. Devi Vilasam

(High Court Of Kerala)

Motor Accident Claim Appeal No. 1278 Of 2013 (D) | 22-07-2013

S. Siri Jagan, J.

1. The appellant is the claimant in O.P. (MV) No. 1847/2010 before the Motor Accidents Claims Tribunal, Kottayam. He was a 14 year old boy at the time of accident, which resulted in injuries and consequent disability to the appellant. The appellant filed the O.P. claiming compensation for the injuries and consequent disability suffered by the appellant on account of the negligent driving of a vehicle owned by the 1st respondent, driven by the 3rd respondent and insured with the 2nd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follow:

Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhanced compensation.

According to the appellant, the compensation awarded for pain and suffering is on the lower side insofar as for six months, the appellant had to keep his fractured hand on a high plane as advised by the doctor. He has also lost one academic year for which no compensation has been awarded, is the other contention raised.

2. We have heard the counsel for the Insurance Company also. We are of opinion that although the appellant was only a school student at the time of the accident, the Tribunal has fixed notional income as Rs. 3,000/- for calculating the compensation for loss of earning power/disability. Although as per the decision in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the multiplier to be adopted is only 15 for a 14 year old boy, the Tribunal has adopted 18 as the multiplier. Therefore, even if the contentions of the appellant can be accepted on face value, we are satisfied that the total compensation awarded is just and reasonable.

3. In the above circumstances, we are not inclined to interfere with the award of the Tribunal and accordingly the appeal is dismissed.

Advocate List
  • For Petitioner : Koshy George

  • Sri. K.M. Jamaludheen, for the Appellant; M.A. George, for the Respondent

Bench
  • HON'BLE JUSTICE S. SIRI JAGAN
  • J
  • HON'BLE JUSTICE K. RAMAKRISHNAN
  • J
Eq Citations
  • LQ/KerHC/2013/1199
Head Note

Motor Vehicles Act, 1988 — Ss. 166 and 171 — Compensation — Quantum of — 14 year old boy at the time of accident — Injuries and consequent disability — Tribunal fixed notional income as Rs. 3,000/- for calculating compensation for loss of earning power/disability — Held, even if contentions of appellant can be accepted on face value, total compensation awarded is just and reasonable — Appeal dismissed — Civil Procedure Code, 1908, Or. 43 R. 1