R KUMARESAN MINOR Vs. A SRIVASARAGHAVAN

JUDGEMENT

(1.) THE claimant in M. C. O. P. No: 3146 of 1995 has preferred this Civil Miscellaneous Appeal challenging the quantum awarded by the Motor Accident Claims Tribunal (V Judge, Court of Small causes), Chennai, by its judgment dated 16. 04. 1998 in the above M. C. O.P.

(2.) THE facts leading to the filing of this appeal are: On 17. 03. 1995, at 3. 00 p. m. when the minor R. Kumaresan was crossing the road at the junction of North Mada Street and Sengeni Pillayar Koil Street at Chennai, due to the rash and negligent driving of the scooter, bearing Registration No: tn 07 2576, belonging to first respondent, the scooter hit against the minor. Consequent to the accident, Kumaresan sustained grievous injuries and hence he filed a claim petition claiming a sum of Rs. 1 ,00,000 /- as compensation. But, the Tribunal has passed an award to the tune of Rs. 21 ,000 / -. Aggrieved against the amount granted by the Tribunal, the claimant is before this Court in this civil Miscellaneous Appeal.

(3.) IN the result, the appellant/claimant is eligible for an enhanced amount of Rs. 25 ,500 /- in addition to what was awarded by the Tribunal. Totally the claimant is entitled for a compensation of Rs. 41 ,500 /- that can be rounded of as rs. 42,000/ -. As regards the rate of interest, the Tribunal has awarded 12% interest for the compensation awarded by it. But as per the Supreme Court judgment, the claimant is entitled to 9% interest from the date of the claim petition till 31. 12. 2000 and at the rate of 7. 5% from 01. 01. 2001 till the date of payment. For the enhanced amount, the claimant is entitled to interest at the rate of 7. 5% from the date of the claim petition till the date of payment. With the above, this Civil Miscellaneous Appeal stands ordered accordingly. .