Madras High Court

Minor Sudharshan vs M. Malarvizhi on 8 February, 2021

                                                                             C.M.A. No.131 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 08.02.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A.No.131 of 2021

                   Minor Sudharshan
                   rep. by natural guardian/father, Arulraj.                      .. Appellant

                                                           Vs.

                   1.M. Malarvizhi

                   2.United India Insurance Co. Ltd.,
                     No.50 A, Pallivasal Street,
                     Perambalur.                                                  .. Respondents

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

                   Vehicles Act, 1988, against the judgment and decree dated 05.02.2020, made

                   in M.C.O.P. No.453 of 2017, on the file of the Principal District Court,

                   (Motor Accident Claims Tribunal) Perambalur.


                                         For Appellant     : Mr.S.Karthika

                                         For Respondents : M/s.I.Malar (For R2)

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https://www.mhc.tn.gov.in/judis/
                                                                               C.M.A. No.131 of 2021

                                                    JUDGMENT

This appeal has been filed for enhancement of compensation granted

by the award dated 05.02.2020, made in M.C.O.P. No.453 of 2017, on the file

of the Principal District Court, (Motor Accident Claims Tribunal) Perambalur.

2.The minor appellant, represented by his father, filed M.C.O.P. No.453

of 2017, on the file of the Principal District Court, (Motor Accident Claims

Tribunal) Perambalur, claiming a sum of Rs.20,00,000/- as compensation for

the injuries sustained by him in the accident that took place on 25.05.2017.

3.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 School Van belonging to the 1st respondent and directed the

2nd respondent as insurer of the offending vehicle to pay a sum of

Rs.4,41,000/- as compensation to the appellant.

4.Not being satisfied with the amounts awarded by the Tribunal in the

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award dated 05.02.2020 in M.C.O.P. No.453 of 2017, the appellant has come

out with the present appeal.

5.The learned counsel appearing for the appellant contended that in the

accident, the appellant suffered injuries and fracture. He has taken treatment

as inpatient at Trichy K.M.C. Hospital in two different spells viz., from

25.05.2017 to 07.06.2017 and again from 19.06.2017 to 21.06.2017. He was

referred to the Medical Board. The Medical Board certified that the appellant

suffered 17% disability. Considering the injuries sustained and the surgeries

undergone, the Medical Board ought to have fixed the disability more than

21%. The appellant has incurred a sum of Rs.2,12,680/- towards medical

expenses and Rs.43,200/- towards transportation charges. The Tribunal

erroneously has awarded only a sum of Rs.2,12,000/- towards medical

expenses and Rs.43,000/- towards transportation charges. The amounts

awarded by the Tribunal towards future medical expenses, pain and sufferings

and extra nourishment are meagre. The Tribunal failed to award any amount

towards mental agony and damage to clothes and prayed for enhancement of

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the compensation.

6.Per contra, the learned counsel appearing for the 2nd respondent-

Insurance Company contended that the Tribunal without following the judgment

of the Hon'ble Apex Court reported in 2013 (2) TN MAC 338 (SC), [Master

Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd., &

another], separately awarded compensation towards disability, pain and

suffering and extra nourishment. The total compensation awarded by the

Tribunal is not meagre. The appellant has not made out any case for

enhancement of the compensation and prayed for dismissal of the appeal.

7.Heard through video conference the learned counsel appearing for the

appellant as well as the 2nd respondent-Insurance Company and perused the

materials available on record.

8.From the materials on record, it is seen that it is the case of the appellant

that in the accident, he suffered severe injuries all over the body and fracture on

his right foot, has taken treatment at Trichy K.M.C. Hospital at Trichy K.M.C.

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Hospital in two different spells viz., from 25.05.2017 to 07.06.2017 and again

from 19.06.2017 to 21.06.2017. The Doctor assessed the disability of the

appellant as 17% for right foot. The Tribunal has awarded only a sum of

Rs.51,000/- towards disability, Rs.50,000/- towards pain and suffering and

Rs.10,000/- towards loss of amenities separately. As per the judgment of the

Hon'ble Apex Court reported in 2013 (2) TN MAC 338 (SC), [Master

Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd., &

another], for 10%-30% disability, the compensation payable is Rs.3,00,000/-.

Hence, the amount awarded by the Tribunal towards permanent disability

including pain and suffering and loss of amenities is enhanced to

Rs.3,00,000/-, for 17% partial permanent disability. The Tribunal failed to

award any amount towards attendant charges. Considering the nature of

injuries and period of treatment taken by the appellant, a sum of Rs.25,000/-

is awarded towards attendant charges. The appellant has claimed a sum of

Rs.43,200/- towards transportation charges and marked Ex.P10 series –

transport receipts, to prove the same. The Tribunal erroneously awarded only

a sum of Rs.43,000/- towards transportation. Considering Ex.P10 series, the

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amount awarded by the Tribunal towards transportation is enhanced to

Rs.43,200/-. The Tribunal failed to award any amount towards damage to

clothes. The appellant is entitled to a sum of Rs.2,000/- towards damage to

clothes. The amounts granted by the Tribunal under other heads are just and

reasonable and hence, the same are confirmed. Thus, the compensation

awarded by the Tribunal is modified as follows:

S. No Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court (Rs) enhanced or
(Rs) granted
1. Attendant charges - 25,000/- Granted
2. Damages to clothes - 2,000/- Granted
3. Disability, pain and 1,11,000/- 3,00,000/- Enhanced
suffering and loss of
amenities
4. Extra nourishment 50,000/- 50,000/- Confirmed
5. Transportation 43,000/- 43,200/- Enhanced
6. Future medical expenses 25,000/- 25,000/- Confirmed
7. Medical bills 2,12,000/- 2,12,000/- Confirmed
Total 4,41,000/- 6,57,200/- Enhanced by
Rs.2,16,200/-

9.In the result, the appeal is partly allowed and the amount awarded by

the Tribunal at Rs.4,41,000/- is enhanced to Rs.6,57,200/- together with

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

deposit. The 2nd respondent-Insurance Company is directed to deposit the

award amount now determined by this Court, along with interest and costs,

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.453 of 2017. On such deposit, the

award amount is directed to be deposited in any one of the Nationalized

Bank, till the minor appellant attains majority. The father of the minor

appellant is permitted to withdraw the accrued interest, once in three months