Madras High Court

Vignesh (Minor) vs The Managing Director on 15 December, 2021

                                                                                 C.M.A.No.2369 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 15.12.2021

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                                C.M.A.No.2369 of 2018


                  Vignesh (minor)                                       .. Appellant
                  (Represented by his mother and
                  next friend n.f. Malar)

                                                          Vs.

                  The Managing Director,
                  Tamil Nadu State Transport Corporation,
                  (Villupuram) Ltd.,
                  Kanchipuram Region.                                   .. Respondent


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                  Vehicles Act, 1988, against the judgment and decree dated 10.12.2014 made

                  in M.C.O.P.No.2041 of 2006 on the file of Motor Accident Claims Tribunal, II

                  Court of Small Causes, Chennai.

                                         For Appellant     : M/s.A.Subadra

                                         For Respondent    : Mr.K.J.Siva Kumar



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https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A.No.2369 of 2018

                                                     JUDGMENT

The Civil Miscellaneous Appeal is filed by the appellant/claimant

seeking enhancement of compensation granted by the Tribunal in the award

dated 10.12.2014 made in M.C.O.P.No.2041 of 2006 on the file of Motor

Accident Claims Tribunal, II Court of Small Causes, Chennai.

2.The appellant is claimant in M.C.O.P.No.2041 of 2006 on the file of

Motor Accident Claims Tribunal, II Court of Small Causes, Chennai. He 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 24.03.2005.

The Tribunal, considering the pleadings, oral and documentary evidence, held

that the accident occurred due to rash and negligent driving by the driver of

the bus belonging to the respondent Transport Corporation and directed the

respondent-Transport Corporation to pay a sum of Rs.1,75,000/- as

compensation to the appellant. Not being satisfied with the amount awarded

by the Tribunal, the appellant has come out with the present appeal seeking

enhancement of compensation.

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3.The learned counsel appearing for the appellant would submit that

the Tribunal has awarded very meagre compensation without considering the

medical evidence adduced on behalf of the appellant/claimant which would

clearly established the fact that the appellant/claimant had sustained multiple

injuries viz., fracture of right temporal fissure along with fracture of right

temporal multiple punctuate hemorrhage and contusion, ventricle, fracture of

shaft of femur M/3, ORIF was done, Ak slab was applied in the right lower

limb, Hip spica was done and plate removal was done under general

anesthesia. He would further submit that the Doctor assessed the disability of

the injured as 75%. However, the Tribunal has reduced the same to 50%

without considering the nature of injuries and awarded meagre sum of

Rs.1,00,000/- under the head of permanent disability by fixing Rs.2,000/- per

percentage. He would also submit that as regards the compensation awarded

under other heads, the Tribunal has awarded very meagre and the same are

liable to be enhanced. With these submissions, the learned counsel for the

appellant sought for enhancement of the compensation amount.

4.On the other hand, the learned counsel for the respondent/Insurance

https://www.mhc.tn.gov.in/judis C.M.A.No.2369 of 2018

Company would submit that the appellant/claimant is a minor and on

consideration of entire materials available on record both the oral and

documentary, the Tribunal has rightly assessed the disability at 50% and

rightly awarded the compensation under the head of permanent disability at

Rs.1,00,000/- and therefore no interference is required. He would also submit

that the compensation awarded under other heads are also very reasonable

and do not require any interference. Hence, the learned counsel sought for

dismissal of the appeal.

5.Heard the learned counsel appearing for the appellant as well as

respondent/Transport Corporation and perused the materials available on

record.

Now, the point for consideration is whether the appellant is entitled to the

enhancement of the compensation?

6.There is no dispute as regards the manner of accident and sustaining

injuries by the appellant/claimant. The only aspect to be considered in this

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appeal is whether the Tribunal has appropriately awarded the compensation

under the head of permanent disability towards the injuries sustained by the

appellant/claimant. A perusal of the disability certificate Ex.P2, it would reveal

that the Doctor who examined the appellant has assessed his disability at 75%

as partial permanent. A perusal of the award of the Tribunal it appears that the

Tribunal on consideration of the evidence of P.W.2 and Ex.P12-disability

certificate, the Tribunal taking note of the nature of injuries sustained by the

appellant was of the view that the assessment of disability made by P.W.2

appears to be on the higher side and reduced the same to 50% which in the

opinion of this Court is on the lower side and the same is fixed at 60%

considering the nature of injuries sustained by the appellant. However, it is

pertinent to note that the Tribunal has awarded the compensation under the

head of partial permanent disability at Rs.1,00,000/- which in the opinion of

this Court is very low and it has to be enhanced. In this regard, it is

worthwhile to refer a decision of the Hon'ble Supreme Court in the case of

Master Mallikarjun Vs. Divisional Manager, The National Insurance

Company Limited and Another, reported in 2013 SAR (Civil) 1088, wherein

the Hon'ble Apex Court has held in Paragraph 12 as under:

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“Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a mother vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional circumstances to take different yardstick.”

7.Keeping in view, the dictum of the Apex Court, in the Master

Mallikarjun (cited supra), since the appellant/claimant sustained 60%

disability. This Court is inclined to modify the compensation awarded under

the head of permanent disability and accordingly enhanced the same at

Rs.4,00,000/-. As regards the compensation awarded under other heads, this

https://www.mhc.tn.gov.in/judis C.M.A.No.2369 of 2018

Court finds no infirmity and the same are confirmed. Accordingly, the

compensation awarded by the Tribunal is modified as follows:

                    S.No          Description      Amount           Amount          Award
                                                  awarded by      awarded by     confirmed or
                                                   Tribunal        this Court    enhanced or
                                                     (Rs)             (Rs)         granted
                   1.         Transport to              7,000/-         7,000/- Confirmed
                              Hospital
                   2.         Extra                     7,000/-         7,000/- Confirmed
                              nourishment
                   3.         Damage to                 1,000/-         1,000/- Confirmed
                              clothes
                   4.         Medical                  35,000/-        35,000/- Confirmed
                              expenses
                   5.         Loss of                  10,000/-        10,000/- Confirmed
                              amenities of life
                   6.         Pain &                   15,000/-        15,000/- Confirmed
                              sufferings
                   7.         Disability             1,00,000/-      4,00,000/- Enhanced
                              Total               Rs.1,75,000/-   Rs.4,75,000/- Enhanced by
                                                                                Rs.3,00,000/-

8.The point for consideration is answered and in the result, this Civil

Miscellaneous Appeal is partly allowed and the compensation awarded by the

Tribunal at Rs.1,75,000/- is hereby enhanced to Rs.4,75,000/- together with

interest at the rate of 7.5% per annum from the date of petition till the date of

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deposit. The appellant-claimant is directed to pay necessary Court fee, if any,

on the enhanced compensation. The respondent-Transport Corporation 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. The

appellant, being a minor, the award amount is directed to be deposited in any

of the Nationalized Bank, till the minor appellant attains majority. The mother