SECRETARY Vs. AJITH JOHN

JUDGEMENT

(1.) The only question that arises in this appeal, which has been filed by the owner of the offending vehicle in a motor vehicle accident, is whether the Tribunal was right in awarding compensation under the heads pain and suffering and loss of amenities and conveniences, while working out the compensation following the decision of the Hon'ble Supreme Court in Master Mallikarjun vs. Divisional Manager, The National Insurance Co.Ltd. & Anr. reported in [(2014) 14 SCC 396].

(2.) A minor child aged 7 years was travelling in an autorickshaw on 6/10/2010. A mini bus driven by the 2nd respondent collided against the autorikshaw, injuring the child. The appellant is the owner of the mini bus. Admittedly, the bus did not have a valid insurance at the time of the accident and it also did not have a fitness certificate. The Tribunal found that the insurer is not liable and awarded a sum of Rs.4,80,840.00 with interest at the rate of 9% per annum from 31/12/2010, which was directed to be paid by the appellant and the 2nd respondent. The appellant has filed this appeal challenging the quantum of compensation awarded.

(3.) Heard the learned counsel for the appellant and the respondents.