ALEN PRASAD (MINOR) Vs. SHAHUL HAMEED T.A

JUDGEMENT

(1.) The appellant, a minor boy, now aged seven years and six months was involved in a motor accident which took place at about 2.30 pm on 29.4.2013. He was knocked down by a motor vehicle owned and driven by the first respondent and insured by the second respondent while he was crossing a public road. In the said accident he sustained serious injuries resulting in his hospitalisation and treatment for a period of 69 days. After he was discharged from the hospital, he filed O.P.(MV).No.1611 of 2013 claiming the sum of Rs. 34,27,500/- as compensation under various heads. He contended that the accident took place on account of the rash and negligent driving of the first respondent.

(2.) On receipt of summons, the first respondent entered appearance and filed a written statement contending that the compensation claimed is excessive and exorbitant. He also contended that the motor vehicle owned and driven by him was at the relevant point of time covered by a policy of insurance issued by the second respondent, that he possessed a valid driving licence and therefore, the liability to pay compensation if any is on the second respondent. The second respondent, the insurer of the motor vehicle involved in the accident entered appearance and filed a written statement contending inter alia that the compensation claimed is excessive and exorbitant, that it was the claimant who was negligent and that the accident occurred when he suddenly crossed the road.

(3.) Before the Motor Accidents Claims Tribunal, the claimant's father and guardian was examined as PW1 and Exts A1 to A19 were produced and marked on his side. On the side of the respondents no evidence oral or documentary was adduced. The claimant was subjected to medical examination by a Medical Board constituted by the Superintendent, Medial College Hospital, Kottayam and the disability certificate forwarded by the Superintendent, Medial College Hospital, Kottayam was marked as Ext.X1.