The Tribunal after companysidering the entire evidence adduced by the parties, found that the accident took place due to rash and negligent driving on the part of the rider of the scooter.
He suffered severe head injuries and as a result thereof he became mentally retarded and was even unable to attend to his routine day to day mundane activities.
The Tribunal, therefore, directed the 2nd respondent to pay the balance amount of Rs.86,792/ to the appellant with interest at the rate of 6 per annum.
The vehicle involved in the accident was a scooter owned by the first respondent herein.
The High Court of Kerala, by its judgment dated 12th November, 2008, partly allowed the appeal and enhanced the companypensation by Rs.1 lakh.
The appellant was permitted by the Kerala High Court to withdraw a sum of Rs.1,20,100/ as awarded by the Tribunal vide its judgment dated 15.12.1999.
The appellant, who was aged about 11 years at the relevant time, met with an accident while walking on a public road.
The appellant filed a claim petition before the Motor Accident Claims Tribunal at Irinjalakuda, Kerala, hereinafter referred to as the Tribunal .
The High Court further directed that this additional amount of companypensation shall carry interest at the rate of 7.5 per annum.The High Court remanded the matter to the Tribunal for passing fresh award after giving an opportunity to the parties to adduce further evidence and after companysidering the entire evidence.
The Tribunal vide its judgment dated 15.12.1999 awarded a companypensation of only Rs.1,20,100/ .
The appellant still being aggrieved by the quantum of companypensation, filed an appeal before the High Court of Kerala.
Aggrieved by the quantum of the award, the appellant filed an appeal before the High Court of Kerala.
Unfortunately he also lost his father during the pendency of the matter.
Leave granted.
