AKHIL Vs. C.A. ABDUL MAJEED

JUDGEMENT

(1.) APPELLANT is the claimant in OP(MV) No. 1164 of 2003 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. Appellant, a minor, prosecuted the claim, and also this appeal, through his next friend, his father. Minor claimant sustained injuries in a motor accident involving a motor cycle No. KL.8/T 3655 ridden and owned by first respondent and insured with second respondent. Rider and owner, first respondent remained ex -parte, and claim was resisted by second respondent insurer. Among other contentions, liability to indemnify first respondent, owner of the vehicle, was disputed by insurer. While admitting policy insurer contended that first respondent had no valid driving licence at the time of occurrence. Tribunal, on materials placed, found merit in the contention raised that first respondent had no effective driving licence to ride motor vehicle. Assessing compensation payable to claimant at Rs. 12,800/ - an award was passed directing first respondent to pay the sum exonerating second respondent (insurer) from the liability to indemnify the owner of the vehicle. In appeal challenges are raised against quantum and also the finding entered by Tribunal exonerating insurer from liability.

(2.) I heard learned counsel for appellant and also learned counsel for second respondent insurer. I do not find merit in the challenge against the quantum fixed. Certificate issued by a doctor, assessing permanent disability of claimant 8%, has been produced in the appeal. After looking into the materials covered by the case with the injuries suffered by claimant in the occurrence, I do not find any merit in that certificate. I find claimant has been awarded just and reasonable compensation by Tribunal for the loss and injuries sustained. No case has been made out for any enhanced compensation to the claimant.

(3.) HAVING regard to the circumstances presented where the accident occurred long ago direction issued by Tribunal for retention of a portion of compensation awarded in deposit shall stand vacated. On the minor claimant attaining majority, and, satisfaction and recording of his majority, the tribunal shall release the compensation to him.