SAHANABI Vs. DR. K.J. THOMAS AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.604/2001 of the Motor Accidents Claims Tribunal, Thalassery by the injured (minor). The appellant (minor) sustained serious injuries in a motor accident on 06.07.2000 at 9.00 am and the learned Tribunal awarded Rs. 2,86,000/- as compensation. Being aggreived by that, the injured preferred this appeal.

(2.) The claimant's case in the lower court was that on 06.07.2000 at 9.00 am, the injured was walking through the side of the road, at Poovam, the vehicle KL 0- 8607 driven in a rash and negligent manner and knocked down the minor. As a result, she sustained serious injuries. The driver and owner of the vehicle did not contest the matter. The insurer admitted the insurance of the vehicle. The minor was 6 years old, hence Smt. Mymoonath examined as PW1 and her documents were marked as Exts.A1 to A7.

(3.) In Yadava Kumar v. D.M. National Insurance Co. Ltd. 2010 (8) SCALE 567 Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows: