MOHAMMED ABDULLA RIFAYATH Vs. MOHAMMAD SAJID

JUDGEMENT

(1.) THE claimant in OP(MV) No.384/2006 on the files of the Motor Accidents Claims Tribunal, Kasargode is the appellant herein. The unfortunate appellant who was a minor aged 5 years and 7 months at the time of the accident, suffered serious injuries in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by the 1st respondent owned by the 2nd respondent and insured with the 3rd respondent. He filed the application for compensation through guardian his father for the injuries and disability suffered by him in the accident. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the 1st respondent and awarded total compensation of .2,25,100/ - on various heads as follows: -

(2.) HEARD counsel for the appellant and counsel for the insurance company.

(3.) ON the other hand, counsel for the insurance company submitted that the 1st appellant was aged only 5 years and 7 months at the time of the accident. He is not an earning member. So the Tribunal was perfectly justified in taking 15,000/ - per annum as his notional income and rightly taken 60% disability as assessed by the medical board. So, the total compensation awarded ,considering the injuries sustained by the 1st appellant is just and proper and no interference is called for at the hands of this court.