The Managing Director vs Minor Vignesh @ Vadasi Srinivasan
2021 Latest Caselaw 5131 Mad

                                                                            C.M.A.No.457 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 26.02.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A.No.457 of 2021

                   The Managing Director
                   Tamil Nadu State Transport Corporation
                   (Salem) Limited, Regional Office
                   Bharathipuram, Dharmapuri.                               .. Appellant


                                                          Vs.


                   Minor Vignesh @ Vadasi Srinivasan
                   (Represented by his next friend and father
                   Chinna Madhaiyan)                                       .. Respondent


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

                   Vehicles Act, 1988, to set aside the judgment and decree dated 16.12.2013

                   made in M.C.O.P.No.2148 of 2013 on the file of the Motor Accident Claims

                   Tribunal, Special Sub Court, Krishnagiri.


                                         For Appellant    : Mr.D.Venkatachalam



                   1/7


https://www.mhc.tn.gov.in/judis/
                                                                                 C.M.A.No.457 of 2021

                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation to set aside the award dated 16.12.2013

made in M.C.O.P.No.2148 of 2013 on the file of the Motor Accident Claims

Tribunal, Special Sub Court, Krishnagiri.

2.The appellant/Transport Corporation is respondent in

M.C.O.P.No.2148 of 2013 on the file of the Motor Accident Claims Tribunal,

Special Sub Court, Krishnagiri. The minor respondent, who represented by

his father, filed the said claim petition claiming a sum of Rs.20,00,000/- as

compensation for the injuries sustained by him in the accident that took place

on 26.01.2010.

3.According to the respondent, on the date of accident i.e., on

26.01.2010 at about 9.00 a.m., he was proceeding as a pillion rider in a Bajaj

motorcycle, which was driven by one Bairappan, from Krishnagiri to Hosur

Road. When the said Bairappan stopped the vehicle and standing on the

service road near Anand Electronics, the pillion rider/ the respondent herein

https://www.mhc.tn.gov.in/judis/ C.M.A.No.457 of 2021

was sitting on the back seat of the motorcycle, the driver of the bus, who was

driving the bus in a rash and negligent manner, turned to the service road

suddenly without reducing the speed, dashed against the respondent and

caused the accident. In the accident, the respondent sustained grievous

injuries all over the body and therefore, filed the above claim petition

claiming compensation against the appellant.

4.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 appellant/Transport Corporation and

directed the appellant/Transport Corporation to pay a sum of Rs.11,20,222/-

as compensation to the respondent.

5.Challenging the quantum of compensation awarded by the Tribunal

in the said award dated 16.12.2013 made in M.C.O.P.No.2148 of 2013, the

appellant/Transport Corporation has come out with the present appeal.

6.The learned counsel appearing for the appellant/Transport

Corporation contended that the disability assessed by P.W.2/Doctor is without

https://www.mhc.tn.gov.in/judis/ C.M.A.No.457 of 2021

any basis. The Tribunal erred in awarding a lumpsum amount of

Rs.4,00,000/- towards disability suffered by the respondent. The respondent

was aged 15 years at the time of accident. The Tribunal ought to have

considered that whether the disability suffered by the respondent would affect

his future and there is any evidence to prove the same. The amount mentioned

in Ex.P7/medical bills has not been corroborated by any other evidence. The

compensation awarded by the Tribunal towards medical expenses and future

medical expenses are excessive. The amounts awarded by the Tribunal under

different heads are excessive and prayed for setting aside the award of the

Tribunal.

7.Heard the learned counsel appearing for the appellant/Transport

Corporation and perused the entire materials available on record.

8.It is the contention of the respondent that in the accident, he suffered

fractures of shaft left femur, chin and grievous injuries all over the body. At

the time of accident, the respondent was aged only 15 years and was studying

IX standard. Due to the injuries sustained in the accident, he discontinued his

https://www.mhc.tn.gov.in/judis/ C.M.A.No.457 of 2021

studies. P.W.2/Doctor after examining the respondent, certified that the

respondent suffered 60% disability and issued Ex.P9/Disability certificate.

The appellant/Transport Corporation did not let in any oral and documentary

evidence to disprove the case of the respondent. The Tribunal considering the

judgment of the Hon'ble Apex Court reported in 2013 (2) TNMAC 338 SC

(Master Mallikarjun vs. Divisional Manager, National Insurance

Company Limited and another) awarded a sum of Rs.4,00,000/- towards

disability, which is proper. The Tribunal considering Ex.P7/medical bills,

awarded a sum of Rs.3,80,222/- towards medical expenses, which is proper.

The respondent suffered fractures, underwent surgeries, nails and screws

were fixed and hence, the Tribunal awarded a sum of Rs.1,50,000/- towards

future medical expenses and the same is proper. The Tribunal considering the

age, disability, nature of injuries and period of treatment taken by the

respondent, awarded compensation under different heads, which are not

excessive warranting interference by this Court.

9.In the result, this Civil Miscellaneous Appeal is dismissed and the

sum of Rs.11,20,222/- awarded by the Tribunal as compensation to the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.457 of 2021

respondent, along with interest and costs is confirmed. The

appellant/Transport Corporation is directed to deposit the entire amount

awarded by the Tribunal along with interest and costs, less the amount

already deposited, if any, within a period of twelve weeks from the date of

receipt of a copy of this judgment. On such deposit, the award of the minor

respondent is directed to be deposited in any one of the Nationalised Banks

till the minor attains majority. The father of the minor, respondent, is

permitted to withdraw the accrued interest once in three months for the

welfare of the minor. No costs.

26.02.2021 Index : Yes / No kj

To

1.The Special Subordinate Judge (Motor Accident Claims Tribunal), Krishnagiri.

2.The Section Officer, VR Section, High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.457 of 2021

V.M.VELUMANI,J.

kj

C.M.A.No.457 of 2021

26.02.2021

https://www.mhc.tn.gov.in/judis/