Madras High Court
Sendhil Kumaran (Minor) vs P.Krishnappa on 4 August, 2021
C.M.A.No.2231 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.2231 of 2019
Sendhil Kumaran (Minor) ... Appellant
Vs.
1. P.Krishnappa
2. The Branch Manager
New India Assurance Company Ltd.,
No.147, K.G.Complex,
Bagalur Road, Hosur,
Krishnagiri District. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
30.04.2015 made in M.C.O.P.No.876 of 2013 on the file of the Motor
Accidents Claims Tribunal (Special District Court), Krishnagiri.
For Appellant : Mr.M.Sivakumar
For Respondents : No appearance for R1
Mr.R.Sivakumar for R2
JUDGMENT
The matter is heard through "Video Conferencing".
This Civil Miscellaneous Appeal has been filed against the award dated
30.04.2015 made in M.C.O.P.No.876 of 2013 on the file of the Motor
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C.M.A.No.2231 of 2019
Accident Claims Tribunal, (Special District Court), Krishnagiri.
2. The appellant is the 3rd respondent in M.C.O.P.No.876 of 2013 on
the file of the Motor Accidents Claims Tribunal, Special District Court,
Krishnagiri. The appellant herein has filed the said claim petition claiming a
sum of Rs.7,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 04.04.2012.
3. On 04.04.2012, the minor petitioner Senthilkumar along with his
father Jagadeesan, mother Jaipriya @ Priya and sister Yuvasri was travelling
from Bangalore to Chennai in their Maruthi Wagon R Car bearing
Registration No.KA 51 MA 6402. The petitioner's father Jagadeesan was
driving the car carefully and when the car was nearing Shoolagiri on the
Bengaluru to Chennai National Highways at about 6:15 a.m. a Tractor
bearing Registration No.TN-24-Y-6995 was driven in a very rash and
negligent manner with high speed and came suddenly to the right side of the
lane and hit the car bearing Registration No.KA 51 MA 6402 due to tyre
burst. On collision with a trailer attached to a tractor and caused the accident.
As a result Jagadeesan/appellant's father, mother, claimant and his sister were
grieviously injured. The appellant's father Jagadeesan died on the spot. The
injured were taken to the Government Hospial, Hosur and from there they
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C.M.A.No.2231 of 2019
were shifted to Srinivasa Speciality Hospital, Hosur and thereafter they were
taken to Chennai hospital on the same day.
4. Before the Tribunal, the 1st petitioner/mother was examined herself
as P.W.1 & P.W.3 and one Krishnamoorthy Athani as P.W.2 and
Dr.Devendran as P.W.4 and 28 documents were marked as Exs.P1 to P28.
The appellant-Insurance Company examined one Krishnappa as R.W.1 and
Gopal as R.W.2 and marked 2 documents as Exs.R1 & R2. Court side witness
one Venkatesan, Motor Vehicle Inspector, Hosur was examined as C.W.1 and
Court side witnesses Ex.X1 to Ex.X3 were marked.
5. The Tribunal, considering the pleadings, oral and documentary
evidence, held that .
6. Against the dismissal of the said award dated 30.04.2015 made in
M.C.O.P.No.876 of 2013, the appellant has come out with the present appeal.
7. The learned counsel appearing for the appellant contended that the
appellant was aged 4 years at the time of accident and he suffered grievous
injuries. The appellant sustained disability to an extent of 35% by fracture of
left leg tibia and the Tribunal has not awarded any amount towards disability
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C.M.A.No.2231 of 2019
and also erred in not awarding any amount towards medical bills, future
medical expenses, nutritious food, pain and sufferings and transportation. The
amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
8. Per contra, Mr.R.Sivakumar, learned counsel appearing for the 2nd
respondent-Insurance Company contended that considering the materials
placed before it, the Tribunal has awarded compensation under various heads
which are not meagre. The appellant has not made out any case for
enhancement of compensation.
9. Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
10. From the award passed by the Tribunal, it is seen that the appellant
sustained fracture of left leg tibia. It is the contention of the learned counsel
for the appellant that the Tribunal has not awarded any amount towards
physical disability and Medical Bills. Tribunal has considered that since the
child is of 4 years the fracture on 1/3rd of right leg naturally sets. The body
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C.M.A.No.2231 of 2019
has its own biological phenomenon to regain normal structure and health and
overcome physical disability. Therefore the claim of partial permanent
disability by the claimant was rejected. Even though Doctor PW4 examined
and certified but there was no mentioning about the physical disability and
hence rejected the plea of the claimant. As there was no medical bills
provided, the Tribunal rightly rejected the plea with regard to payment
towards Medical Bills as the Insurance Company has already owned the
charges. This Court is not inclined to interfere with the amount awarded by
the Tribunal, but however as no amounts granted under the heads pain and
sufferings, extra nourishment, transportation, attender charges and future
medical charges, the compensation awarded by the Tribunal is modified as
follows:
S. Description Amount Amount Award
No
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Pain and sufferings - 25,000/- Granted
2. Extra nourishment - 40,000/- Granted
3. Transportation - 10,000/- Granted
4. Attender charges - 25,000/- Granted
5. Future medical 25,000/- Granted
expenses -
Total Rs.60,00,000/- Rs.1,25,000/- Enhanced by
Rs.1,25,000/-
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C.M.A.No.2231 of 2019
12.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.60,00,000/- is hereby enhanced
by further Rs.1,25,000/- together with interest at the rate of 7.5% per annum
from the date of petition till the date of deposit. The appellant-represented by
his mother is directed to pay the necessary Court fee on the enhanced amount
of compensation now determined by this Court. The 2nd respondent-Insurance
Company is directed to deposit the enhanced award amount now determined
by this Court along with interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
judgment, to the credit of M.C.O.P.No.876 of 2013 on the file of the Motor
Accident Claims Tribunal, (Special District Court), Krishnagiri. On such
deposit, the Tribunal is directed to deposit the award amount in any one of the
Nationalized Banks, till the minor appellant attains majority. The mother of
the minor appellant viz., Jaipriya @ priya is permitted to withdraw the
accrued interest alone once in three months for the welfare of the minor
appellant, by filing necessary applications before the Tribunal. No costs.
04.08.2021
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Index : Yes / No
Internet : Yes / No
Speaking/Non-speaking order
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C.M.A.No.2231 of 2019
S. VAIDYANATHAN, J.
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C.M.A.No.2231 of 2019
04.08.2021
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