Madras High Court
The Managing Director vs Minor.R. Arjun on 27 August, 2021
C.M.A.No.2500 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2500 of 2021 and
C.M.P.No.14400 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation
Limited (V.P.M) Rangapuram,
Vellore District. ...Appellant
vs.
Minor.R. Arjun
Minor Rep by Guardian/Father Ramesh ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 30.03.2010 made
in M.C.O.P.No. 190 of 2009 on the file of the Motor accident Claims
Tribunal, Sub Judge, Gudiyatham.
For Appellant : Mr.K.J.Sivakumar
Page No.1 of 7
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C.M.A.No.2500 of 2021
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 30.03.2010 passed by the Motor Accident Claims
Tribunal, Sub Judge, Gudiyatham in M.C.O.P.No.190 of 2009, directing
the Appellant/Transport Corporation to pay the Claimant a sum of
Rs.4,06,000/- as compensation for the injuries sustained in an accident
which occurred on 18.04.2009 involving the bus owned by the
appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant, who is a minor
represented by his father has claimed a sum of Rs. 20,00,000/- as
compensation for the injuries sustained by him. In support of his claim, on
the side of the Respondent/Claimant PW1 to PW3 were examined and
Exs.P1 to P11 were marked before the Tribunal. On the side of the
Appellant, RW1 was examined and no exhibits were marked.
3. On consideration of the oral and documentary evidence
available on record, the Tribunal has awarded a sum of Rs.4,06,000/- as
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C.M.A.No.2500 of 2021
compensation to the Respondent/Claimant. Details of the compensation
awarded by the Tribunal under the impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Pain and sufferings 60,000.0
Disability 1,20,000
Nutrition charges 50,000.0
Loss of future amenities 50,000.0
Maintenance of Minor 25,000.0
Transportation charges 29,480.0
Medical charges 71,326.0
Total Rs.4,05,806/-
Rounded off Rs.4,06,000/-
4. Heard the learned counsel for the parties and perused the
material documents available on record.
5. The Appellant has challenged the impugned award on the
ground that the Claims Tribunal has awarded a sum of Rs.1,20,000/-
towards loss of disability, Rs.60,000/- towards Pain and suffering and a
sum of Rs.50,000/- towards Loss of Future amenities, which are on the
higher side and the same needs to be reduced.
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C.M.A.No.2500 of 2021
6. Insofar as the first contention raised by the Appellant is
concerned, the Claims Tribunal, on considering the evidence of P.W.3-
Doctor, Ex.P2-Wound certificate , Ex.P9- Disability Certificate has awarded
sum of Rs.1,20,000/- towards Disability which is not on the higher side.
7.The Hon'ble Supreme Court in the Case of Master Mallikarjun Vs
Divisional Manager reported in 2013 2 TANMAC 338 has observed as
follows:
“8............The main elements of
damage in the case of child victims are the
pain, shock, frustration, deprivation of
ordinary pleasure and enjoyment
associated with healthy and mobile limbs.
The compensation awarded should enable
the child to acquire something or to develop
a lifestyle which will offset to some extent
the inconvenience or discomfort arising out
of the disability. Appropriate compensation
for disability should take care of all the
non-pecuniary damages. In other worlds,
apart from this head, there shall only be the
claim for the actual expenditure for
treatment, attendant, transportation, etc.”
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C.M.A.No.2500 of 2021
8. In view of the aforesaid Judgment, this Court is of the view that
since the injured is a minor, who sustained grievous injury, the
compensation awarded by the Tribunal towards Pain and Sufferings and
Loss of Future Amenities, cannot be said to be on the higher side.
9. The Claims Tribunal considering the oral and documentary
evidence adduced before it and also by considering the nature of injuries,
period of treatment undergone by the injured has rightly awarded a sum of
Rs.4,06,000/-, which cannot be considered to be excessive, as alleged by the
Appellant/Transport Corporation. For the foregoing reasons, this Court
does not find any merit in this Appeal and accordingly, the Civil
Miscellaneous Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
10. The Appellant/Transport Corporation is directed to deposit the
entire amount awarded by the Tribunal together with interest at 6% per
annum from the date of the Claim Petition till the date of realization, less
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C.M.A.No.2500 of 2021
the amount, if any, already deposited to the credit of M.C.O.P.No.190 of
2009 on the file of the Motor Accidents Claims Tribunal, Sub Judge,
Gudiyatham, within a period of eight weeks from the date of receipt of a
copy of this judgment. On such deposit being made, since the claimant is a
Minor, the compensation amount shall be deposited in any one of the
Nationalised Banks till the minor attains majority and the father of the
minor is permitted to withdraw the accrued interest once in three months.
27.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
To:
1. The Motor accident Claims Tribunal,
Sub Judge,
Gudiyatham,
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.2500 of 2021
S.VAIDYANATHAN,J.
(arr)/(shk)
C.M.A. No.2500 of 2021
27.08.2021
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