Madras High Court
The Manager vs Minor R. Ashwin on 28 April, 2021
C.M.A.No.2416 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2416 of 2015
and
MP No.1 of 2015
The Manager,
M/s.United India Insurance Co. Ltd.,
No.73/C, MTH Road,
Ambattur,
Chennai - 600 053. ... Appellant
Versus
1. Minor R. Ashwin
2. V. Senthilvadivel ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to prefer this Memorandum of Civil Miscellaneous
Appeal against the Judgment and Decree passed in M.C.O.P. No.96 of
2011 on 11.04.2014 on the file of the learned Motor Accident Claims
Tribunal (Subordinate Judge) of Tiruttani at Thiruvallur District.
For Appellant : Mr.J.Chandran
JUDGMENT
The appellant / Insurance Company has challenged the award
dated 11.04.2014 passed by the Motor Accident Claims Tribunal
(Subordinate Judge) of Tiruttani at Thiruvallur District in MCOP No.96
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C.M.A.No.2416 of 2015
of 2011.
2. The appellant / Insurance Company has challenged the
impugned award on the following grounds :
a) The Auto bearing Registration No.TN-20-M-9733 in
which the first respondent / claimant was carrying more
number of passengers than the permissible limit at the time of
the accident and hence, the appellant / Insurance Company is
not liable to compensate the claim.
b) the quantum of compensation awarded by the
Tribunal to the first respondent / claimant is excessive.
3. Heard the learned counsel for the appellant and this Court has
perused the materials and evidence available on record before the
Tribunal.
4. With regard to the first contention raised by the appellant
questioning their liability is concerned, this Court in connected appeals
in CMA Nos.2128 and 2129 of 2015 in its Common Judgment dated
16.10.2019 involving other claimants, who travelled in the same Auto
has held the Insurance Company liable to compensate the claim.
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C.M.A.No.2416 of 2015
Therefore, the contention of the appellant / Insurance Company
questioning their liability to pay the compensation is rejected by this
Court.
5. With regard to the quantum of compensation awarded by the
Tribunal to the first respondent / minor claimant is concerned, the
Tribunal under the impugned award has directed the appellant /
Insurance Company to pay the first respondent / minor claimant a
compensation of Rs.35,000/- together with interests and costs as detailed
hereunder :-
Heads Amount awarded by the
Tribunal
(Rs.)
Injuries 25000
Pain and suffering 5000
Extra nourishment 3000
Transportation 2000
Total 35000
6. The first respondent / minor claimant sustained lacerated injury
on the face and head and abrasions all over his body and he was also
hospitalised, as seen from the discharge summary, which was marked as
Ex.P5 before the Tribunal. The Tribunal has assessed the compensation
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C.M.A.No.2416 of 2015
payable under various heads as indicated above only after giving due
consideration to the oral evidence adduced by PW1, the mother of the
minor claimant and the discharge summary (Ex.P5) issued by the
hospital. The quantum of compensation awarded by the Tribunal to the
first respondent / minor claimant is only Rs.35,000/- and it cannot be
considered to be excessive as alleged by the appellant / Insurance
Company. Therefore, the second contention of the appellant / Insurance
Company questioning the quantum of compensation is also rejected by
this Court.
7. For the forgoing reasons, this Court is of the view that there is
no merit in this appeal and the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
8. The Appellant / Insurance Company is directed to deposit the
entire award amount awarded by the Tribunal together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less
the amount, if any, already deposited to the credit of M.C.O.P. No.96 of
2011 on the file of the Motor Accident Claims Tribunal (Subordinate
Judge) of Tiruttani at Thiruvallur District, within a period of four weeks
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C.M.A.No.2416 of 2015
from the date of receipt of a copy of this Judgment. On such deposit
being made, the Tribunal is directed to deposit the award amount in
Fixed Deposit in any one of the Nationalized Banks, till the first
respondent / minor claimant attains the age of majority and the interest
accrued thereon shall be withdrawn by the guardian of the minor
claimant once in three months, directly from the Bank. If the first
respondent / minor claimant attained the age of majority, it is open to him
to file formal petition before the Tribunal to get the award amount. his
share directly to his bank account through RTGS, within a period of two
weeks thereafter.
28.04.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1. The Sub Judge
Motor Vehicle Accidents Claims Tribunal,
Tiruttani at Thiruvallur District.
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2416 of 2015
ABDUL QUDDHOSE, J.
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C.M.A.No.2416 of 2015
28.04.2021
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