Madras High Court
The United India Insurance ... vs N.Alaghu Vigneshwaran (Minor) on 28 April, 2021
C.M.A.No.396 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.396 of 2016
and
CMP No.2996 of 2016
The United India Insurance Company Ltd.,
Chander Plaza,
1st Floor,
Arcot Road,
Saligramam,
Chennai – 600 093. ... Appellant
Versus
1. N.Alaghu Vigneshwaran (Minor)
2. R. Kumaravel ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to prefer this Memorandum of Civil Miscellaneous
Appeal against the award and decree dated 23.12.2014 made in M.C.O.P.
No.216 of 2012 on the file of Motor Accidents Claims Tribunal (VI
Court of Small Causes), Chennai.
For Appellant : Mr.A.Dhiraviyanathan
For Respondents : Mr.Amar D. Pandiya
for Mr.S.Ravikumar for R1
R2 – No such person
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C.M.A.No.396 of 2016
JUDGMENT
This appeal has been filed by the Insurance Company challenging
the award dated 23.12.2014 passed by the Motor Accidents Claims
Tribunal (VI Court of Small Causes), Chennai in MCOP No.216 of 2012.
2. The appellant / Insurance Company has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
3. The Tribunal under the impugned award directed the appellant /
Insurance Company to pay a compensation of Rs.3,00,000/- together
with interest and costs for the injuries sustained by the first respondent /
claimant, who was a Minor on the date of the accident, which happened
on 11.12.2011.
4. Heard Mr.A.Dhiraviyanathan, learned counsel for the appellant /
Insurance Company and Mr.Amar D. Pandiya, learned counsel for the 1st
respondent / claimant. Notice sent to the second respondent has been
returned with the endorsement "no such person". Since this Court is
going to confirm the award of the Tribunal, the notice to the second
respondent is dispensed with.
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C.M.A.No.396 of 2016
5. This Court has perused the materials and evidence available on
record before the Tribunal.
6. The first respondent / claimant sustained the following injuries
a) Right leg bone fracture
b) fuel body laceration
c) Sustained injuries all over the body
7. The Doctor (PW2) who has examined the first respondent /
claimant has assessed the disability of the first respondent / claimant at
35%. But however, the Tribunal has reduced the same to 30%. The
Tribunal after giving due consideration to the nature of injuries sustained
by the first respondent / first claimant and by applying the ratio laid
down by the Hon'ble Supreme Court for assessment of compensation in
case of Minor in the case of Mallikarjun versus Divisional Manager,
National Insurance Company Limited and another reported in 2014
14 SCC 396 has fixed the compensation payable to the first respondent /
claimant a minor at the time of the accident at Rs.3,00,000/-.
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C.M.A.No.396 of 2016
8. The appellant / Insurance Company before the Tribunal has also
not produced any contra evidence to disprove the contention of the first
respondent / claimant. They have neither let in oral or documentary
evidence before the Tribunal. Therefore, based on the materials and
evidence on record the Tribunal has rightly applied the decision of the
Hon'ble Supreme Court in the case of Mallikarjun referred to supra and
has awarded a compensation of Rs.3,00,000/- to the first respondent /
claimant. Therefore, this Court is of the considered view that there is no
no merit in this appeal and the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
9. 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.216 of
2012 on the file of Motor Accidents Claims Tribunal (VI Court of Small
Causes), Chennai, within a period of four weeks 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
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C.M.A.No.396 of 2016
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 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 VI Judge,
Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai.
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.396 of 2016
ABDUL QUDDHOSE, J.
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C.M.A.No.396 of 2016
28.04.2021
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