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IN THE SUPREME COURT OF INDIA

CIVIL  ORIGINAL JURISDICTION  

CIVIL APPEAL NO. 5878   OF  2010 (Arising out of SLP(C) No.15954/2009)

 JOHN REPRESENTED BY GUARDIAN MARY             Petitioner(s)

                  VERSUS

 MANAGING PARTNER,    PYNADATH FINANCE CORPORATION & ORS.     Respondent(s)

O R D E R

Leave granted.

The appellant, who was aged about 11 years at the  

relevant time, met with an accident while walking on a  

public road. 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. Unfortunately he also lost his father during  

the pendency of the matter.   

The vehicle involved in the accident was a scooter  

owned by the first respondent herein.  

The appellant filed a claim petition before the  

Motor Accident Claims Tribunal at Irinjalakuda, Kerala,  

(hereinafter referred to as 'the Tribunal'). The Tribunal

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vide its judgment dated 15.12.1999 awarded a compensation  

of only  Rs.1,20,100/-.  

Aggrieved  by  the  quantum  of  the  award,  the  

appellant  filed  an  appeal  before  the  High  Court  of  

Kerala.  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 considering the entire evidence.    

The Tribunal after considering 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. The Tribunal further held that  

the rider of the scooter, owner of the scooter and the  

insurance company with whom the scooter was insured, are  

liable  to  pay  compensation.  The  Tribunal  vide  its  

judgment dated 22.03.2006, awarded a total compensation  

of Rs.2,06,892/- with interest at the rate of 6% per  

annum.  

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  

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.

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The appellant still being aggrieved by the quantum  

of compensation, filed an appeal before the High  Court  

of Kerala. The High Court of Kerala, by its judgment  

dated 12th November, 2008, partly allowed the appeal and  

enhanced the compensation by Rs.1 lakh. The High Court  

further  directed  that  this  additional  amount  of  

compensation shall carry interest at the rate of 7.5% per  

annum.  

We have heard the learned counsel on both sides.

On consideration of the totality of the facts and  

circumstances of this case, we deem it appropriate to  

direct  that  respondent  No.2  shall  pay  an  amount  of  

Rs.1,25,000/- to the appellant within four weeks from  

today, in full and final settlement of his claim. This  

amount shall be over and above all other amounts which  

have been directed to be paid by the respondents.   

This appeal is disposed of accordingly. No costs.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; July 19, 2010.