RIYAS Vs. P. N. SHINOSH

JUDGEMENT

(1.) Seeking enhancement in the motor accident compensation, the present appeal is directed against the judgment and award dtd. 7/1/2020 passed by the High Court of Kerala, Ernakulam in MACA No. 89 of 2009.

(2.) The Motor Accident Claims Tribunal, Thrissur, upon an application filed by the injured-claimants under Sec. 166 of the Motor Vehicle Act, 1988, awarded a total compensation of Rs.1,73,000.00 together with interest @ 7% p.a. In the appeal, the High Court enhanced it awarding additional compensation of Rs.5,75,883.00 with interest. Further enhancement is pleaded.

(3.) The case pertains to a 14 years old minor student, who was studying in 7th standard and suffered 77.1% permanent disability on account of the injuries sustained by him in the motor accident. The accident took place on 19/4/2002 at about 12.15 pm. The appellant was travelling with other persons in an auto rickshaw bearing registration No. KL-9K-1413. The said auto rickshaw was hit by a lorry bearing No. KRR-6987. The lorry was owned by respondent No. 1, was driven by respondent No.2, and was insured with respondent No. 3-Insurance Company.