M/S.National Insurance Company ... vs R.Pooja (Minor)
2021 Latest Caselaw 10566 Mad

                                                                           C.M.A.No.1691 of 2019

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 26.04.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                        C.M.A.No.1691 of 2019
                                                and
                                    C.M.P.Nos.5220 & 5221 of 2019
                 M/s.National Insurance Company Ltd,
                 No.378, Mint Street,
                 Sowcarpet, Chennai – 600 001.                             ... Appellant

                                                       Vs.
                 1.R.Pooja (Minor)
                 2.R.S.Sathish Kumar
                 3.K.Thanigavel                                          ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 14.11.2014 made in M.C.O.P.No.4085 of 2013, on the file of the Motor
                 Accidents Claims Tribunal, (V Judge, Court of Small Causes), Chennai.

                                   For Appellant   : M/s.R.Sreevidhya
                                   For Respondents : R1 No appearance
                                                     R2 and R3 Not ready in notice

                                                  JUDGMENT

The Insurance company is the appellant in this appeal. It is

aggreived by the impugned judgment and decree dated 14.04.2011

passed in Motor Accident Claims Tribunal (V Small Causes Court),

Chennai in M.C.O.P.No.4085 of 2013.

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2.By the impugned judgment and decree, the Tribunal has awarded

a sum of Rs.2,82,000/- as compensation under the following heads:-

                              Transportation                  Rs. 10,000/-
                              Extra nourishment               Rs. 40,000/-
                              Attender charges                Rs.   1,000/-
                              Medical expenses                Rs. 16,000/-

Disability at 50% at the rate of Rs.1,50,000/-

                              Rs.3000 per percentage
                              Pain and suffering              Rs. 40,000/-
                              Loss of amenities               Rs. 25,000/-
                              Total                           Rs.2,82,000/-

3.The appellant/Insurance Company is questioned the amount of

compensation awarded to the claimant who is the minor.

4.I have considered the impugned judgment and decree passed by

the Tribunal and the exhibits that were marked before the Tribunal. The

evidence on record indicates that the claimant was given a conservative

treatment between 14.04.2012 to 16.04.2013. The evidence on record

also shows that P.W.1, the father of the minor claimant deposed that after

the discharge from the hospital due to head injury his daughter was

suffering from headache, vertigo, tremors in hands and legs coupled with

frequent giddiness and her memory often fails and she cannot carry

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weight. He has further depressed that as a result of injury at her right

elbow, she cannot raise or bend her right hand movement of her right

hand is restricted.

5.Considering the fact that the minor was aged about 8 years at the

time of accident and the nature of injuries suffered by the minor. I am of

the view, that the Tribunal has awarded a just compensation. Under these

circumstances, this appeal filed by the appellant/Insurance Company is

dismissed.

6.The appellant/Insurance Company is therefore directed to deposit

the enhanced amount of compensation together with interest at 7.5% per

annum from the date of numbering of the claim petition till the date of

such deposit, less any amount already deposited by it, within a period of

six weeks from the date of receipt of a copy of this Judgment.

7.On such deposit being made by the appellant/Insurance

Company, the 2nd and 3rd /2nd and 3rd is permitted to withdraw their

respective shares together with interest accrued thereon, less any amount

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already withdrawn in the same proportion as was ordered by the

Tribunal.

8.Since the 1st respondent/1st claimant is stated to be minor at the

time of filing of the claim petition, their shares shall be deposited in an

interest bearing account and the interest shall be allowed to be withdrawn

by her father for the benefit of the minor. On attaining the age of

majority, the 1st respondent/1st claimant may also file appropriate

application before the Tribunal for withdrawing her share of

compensation.

9.This Civil Miscellaneous Appeal is dimissed. No costs.

Consequently, connected Miscellaneous Petitions are closed.

26.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

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To:

1.The Motor Accidents Claims Tribunal, (V Judge, Court of Small Causes), Chennai.

2.The Section Officer, Vernacular Section, Madras High Court.

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C.SARAVANAN, J.

jas

C.M.A.No.1691 of 2019 and C.M.P.Nos.5220 & 5221 of 2019

26.04.2021

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