IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
MUHAMMED MUSTAFA (MINOR) – Appellant
Versus
SUBAIDA – Respondent
| Table of Content |
|---|
| 1. accident liability established due to negligent driving. (Para 2) |
JUDGMENT
Appellant who is the claimant in OP(MV) No.1475/2014 of Motor Accident Claims Tribunal, Kozhikode [hereinafter referred to as ‘the Tribunal’] has filed this appeal seeking enhancement of compensation awarded by the Tribunal.
2. On 02.04.2014 at about 11.05 a.m while the claimant was walking through the side of the road he was knocked down by a motorcycle bearing KL-11-X-7602 ridden by the 2nd respondent. Accident occurred due to the rash and negligent riding of the motorcycle by R2. R1 is the RC owner of the offending motorcycle.
3. By the impugned award, a sum of ₹1,25,560/- with 9%
interest from the date of petition was awarded by the Tribunal. Dissatisfied with the quantum of compensation, appellant/claimant has come in appeal contending that the award of the Tribunal is inadequate; that it is not a just compensation as mandated by law.
4. Both sides heard. Records perused.
5. It is an undisputed fact that the accident occurred due to the rash and negligent riding of the motorcycle by R2.
6. According to the claimant, who was a minor, aged 8 years at the time of accident, he sustained serious
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.