Insurance companies are obligated to pay compensation despite the absence of a valid driving license of the driver, as per Section 149(2) of the Motor Vehicles Act.

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1200 of

2005 on the file of the Motor Accidents Claims Tribunal, Manjeri, dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the respondents before the tribunal.

2. According to the claimant, on 18.03.2005 at about 12.30 am, while the claimant was standing on the side of the public road, a motorcycle bearing registration No.KL-10-T-9322 driven by the 1^st respondent in a rash and negligent manner hit against the claimant. As a result of the accident, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹50,000/-.

3. The 1st respondent/owner-cum-driver of the offending vehicle remained ex-parte before the tribunal. The 2^nd respondent/insurer of the offending vehicle filed a written statement admitting the policy, but disputing the quantum of compensation claimed as well as denying the liability. It is further contended that the 1^st respondent who is the owner cum driver of the vehicle also was not having a valid driving licence to ride the motorcycle at the time of accident. Before the tribunal, Exts.A1 to A5 and Ext.B1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹14,080/- as compensation under different heads with interest @7% per annum from the date of petition till realization with proportionate costs against the 1^st respondent/owner of the offending vehicle. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has preferred this appeal.

4. Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurance company.

5. The learned counsel for the appellant claims enhancement mainly under the following heads :-

Loss of study :- The learned counsel for the appellant submitted that the tribunal has not granted any compensation towards loss of studies. The injured was aged 9 years at the time of the accident and due to the injuries sustained, he was unable to attend classes for a period of two months. Considering the nature of injuries as well as the age of the appellant, I am inclined to grant a consolidated amount of ₹7,500/- towards loss of studies.

Extra nourishment :- On a perusal of the award, it is seen that the tribunal has not awarded any amount towards extra nourishment.

Considering the nature of injuries as well as the period of hospitalization, I am inclined to grant an amount of ₹500/- towards extra nourishment.

Pain and sufferings :- The learned counsel for the appellant submitted that the tribunal has awarded only an amount of ₹8,000/- under the head pain and sufferings. Considering the nature of injuries as well as the age of the appellant, I find that a total amount of ₹15,000/- can be awarded under the said head. Thus, there will be an additional amount of ₹7,000/- under the afore head.

Loss of amenities :- The learned counsel for the appellant submitted that the tribunal has not awarded any compensation towards loss of amenities. Considering the nature of injuries as well as the loss of enjoyment in life, I find that a total amount of ₹15,000/- can be awarded under the said head.

6. Though the appellant claimed enhancement of compensation under the other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the tribunal under other heads since it appears to be just and reasonable.

7. The learned counsel for the appellant submitted that the tribunal had exonerated the insurance company from the liability to pay the award amount fo