Madras High Court
The Managing Director vs Minor Gautham Antony Raj @ Gautham on 18 August, 2021
CMA No.3810 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CMA.No.3810 of 2019 and
CMP No. 21884 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Railway Station Road, Kumbakonam. ... Appellant
Vs.
Minor Gautham Antony Raj @ Gautham
S/o Kuzhandhai Raj @ Annadurai,
Poondi Road, Erayur, Ulundhurpettai Taluk,
rep. by his Guardian, Father
Kuzhandhai Raj @ Annadurai ... Respondent
This Civil Miscellaneous Appeal has been filed under
Section 173 of the Motor Vehicles Act, 1988, against the decree and
judgment dated 12.10.2018 passed in MCOP No.232 of 2018 by the
Special Sub Judge-II, Motor Accident Claims Tribunal, Villupuram.
For Appellant : Mr.D.Venkatachalam
For Respondent : No apearance.
Page 1 of 9
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CMA No.3810 of 2019
JUDGMENT
Challenging the quantum of compensation awarded by the
Tribunal, the Tamil Nadu State Transport Corporation, Kumbakonam
has filed the present Appeal.
2. The claimant/ respondent, who was a minor at the time
of filing the claim petition, approached the Tribunal represented by his
father, seeking a sum of Rs.10,00,000/- as compensation for the injuries
sustained by him in a road accident that occurred on 03.10.2014.
3. Brief case of the claimant/ Respondent is as follows:
On 03.10.2014 at 4.30 p.m., when the claimant was walking at the
extreme left side of Velangani Main Road, and while nearing Joseph
Lodge, a Bus bearing registration No.TN49-N-1750 dashed against
him, due to which he sustained grievous injuries. Immediately he was
taken to Thiruvarur Medical College Hospital for first aid and then, he
was admitted at Vinodhagan Memorial Private Hospital on 04.10.2014,
where, he was treated as an inpatient till 15.10.2014. According to the
claimant, the rash and negligent driving of the driver of the bus was the
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CMA No.3810 of 2019
cause of accident. Since the Appellant Transport Corporation is the
owner of the vehicle, they are liable to pay compensation to the
claimant.
4. The Transport Corporation resisted the claim petition by
filing a counter affidavit stating that, without seeing the bus on the
opposite side, the claimant fell down near the back wheel of the bus and
only due to his negligence, the accident had occurred and hence, the
Transport Corporation is not liable to pay compensation to him.
5. Before the Tribunal, on the side of the claimant, the
father of the claimant was examined as PW1 and Exs.P1 to P12 were
marked. On the side of the Transport Corporation, one witness was
examined as RW1and no documentary evidence was marked. The
Wound Certificate issued by the Government Doctor was marked as
Ex.C1.
6. After analysing the evidence on record, the Tribunal has
awarded a sum of Rs.2,56,000/- as compensation with interest at the
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CMA No.3810 of 2019
rate of 7.5% per annum to the claimant under various heads, as detailed
below:
Sl Heads Amount in
No Rs.
1 Pain and suffering, Mental and 1,00,000/-
physical shock, Loss of amenities
in life
2 Loss of earning to parents during 13,000/-
the period of hospitalization and
incidental expenses
3 Medical expenses 1,17,857/-
4 Extra Nourishment 5,000/-
5 Transportation charges 20,000/-
Total 2,55,857/-
Rounded off 2,56,000/-
7. Heard the learned counsel for the appellant and perused
the material documents available on record.
8. The learned counsel for the appellant/ Tamil Nadu State
Transport Corporation submitted that the claimant had sustained only
simple injuries, however, the Tribunal had awarded a sum of
Rs.1,00,000/- towards Pain and suffering, and a sum of Rs.17,857/-
towards 'Medical expenses' which are on the higher side. According to
him, without any Medical Bills and supporting evidence, the Tribunal
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CMA No.3810 of 2019
has awarded huge amount as compensation and hence, the same may be
reduced.
9. The Tribunal, after elaborate discussion, has come to the
conclusion that the negligent driving of the driver of the Bus was the
cause of accident and has fixed the liability on the Transport
Corporation to pay compensation to the claimant. Admittedly, the
claimant was a minor at the time of accident and was studying 5th
standard, and he sustained injuries on his left knee and skin grafting
was done on his both knees. According to the claimant, there was no
proper growth in the place, where surgery was done. Even though, the
claimant was continuing his studies, without any disruption, he
suffered permanent disability, due to the accident and Ex.C1-Disability
Certificate, issued by the Government Doctor, was placed before the
Tribunal, wherein, the permanent disability suffered by the claimant
was assessed at 3% . Considering the above fact and taking into
account the nature of injuries sustained by the claimant and the fact that
there was no proper growth in the place where surgery was done, the
Tribunal has awarded a sum of Rs.1,00,000/-, as compensation, under
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CMA No.3810 of 2019
the heads, namely, " Pain and Sufferings, Mental and Physical Shock,
Hardship and Inconvenience etc. and Loss of Amenities". The above
compensation awarded by the Tribunal is very nominal.
10. Further, considering the period of treatment undergone
by the claimant as inpatient, and also taking into account the Medical
records and Bills produced by the claimant, the Tribunal has awarded a
sum of Rs.13,000/- towards " Loss of Earning to the parents during the
period of hospitalization; Rs.1,17,857/- towards "Medical Expenses";
Rs.5,000/- towards " Extra Nourishment"; and Rs.20,000/- towards
"Transportation charges". which are also nominal. Therefore, this court
is of the view that the compensation awarded by the Tribunal under
various heads is just and reasonable. Hence, this court does not find
any fault in it.
11. In the result,
(i) The award passed by the Tribunal is upheld. The Civil
Miscellaneous Appeal is dismissed. No costs. The award passed by the
Tribunal is upheld. The connected civil miscellaneous petition is
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CMA No.3810 of 2019
closed. No costs.
(ii) The appellant/Tamil Nadu State Transport Corporation
Limited is directed to deposit the amount awarded by the Tribunal with
interest at the rate of 7.5.% p.a. from the date of claim petition till the
date of deposit, less the amount if any, already deposited, within a
period of three months from the date of receipt of a copy of this order.
(iii) As the claimant is a minor, the compensation amount
is directed to be invested in any one of the Nationalised Banks under a
Fixed Deposit Scheme for a period of six months, which shall be
renewed periodically until he attains majority and his father being the
Natural Guardian of the minor, is permitted to withdraw the interest
accrued thereon in the said Fixed Deposit Account and the same shall
be used for the purpose of education and welfare of the minor claimant.
18.08.2021
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
mst
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CMA No.3810 of 2019
To
1. The Special Sub Judge-II,
Motor Accident Claims Tribunal, Villupuram.
https://www.mhc.tn.gov.in/judis/
CMA No.3810 of 2019
S.VAIDYANATHAN, J.
mst
CMA. No.3810 of 2019 and
CMP No.21884 of 2019
18.08.2021
https://www.mhc.tn.gov.in/judis/
