Minor Nandhini vs Balasubramanian
2021 Latest Caselaw 407 Mad

Citation : 2021 Latest Caselaw 407 Mad
Judgement Date : 6 January, 2021

Madras High Court

Minor Nandhini vs Balasubramanian on 6 January, 2021

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                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated:06.01.2021

                                                     CORAM

                           THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI


                                             C.M.A(MD)No.458 of 2015


                      Minor Nandhini
                      Rep. by her father Ravi                   : Appellant/Claimant

                                                         Vs.

                      1.Balasubramanian

                      2.National Insurance Company Limited,
                        By its Divisional Manager,
                        No.62, V.s.R Periya Street,
                        Kumbakonam Town and Taluk,
                        Thanjavur District.               : Respondents/Respondents



                            PRAYER:- Civil Miscellaneous Appeals have been filed under
                      Section 173 of the Motor Vehicles Act, 1988 against         the award
                      passed by the Motor Accident Claims Tribunal (Principal Sub
                      Judge),   Thanjavur,   made   in   MCOP    No.153    of   2012,   dated
                      28.11.2013.
                                        For Appellant          : Mr.S.Siva Thilakar
                                        For 1st Respondent     : No appearance
                                        For 2nd Respondent : Mr.D.Sivaraman




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                                               JUDGMENT

This appeal has been filed challenging the award passed by

the Motor Accident Claims Tribunal (Principal Sub Judge),

Thanjavur, made in MCOP No.153 of 2012, dated 28.11.2013.

2.The brief facts of the case is that on 01.09.2011 at 5.45 pm,

the minor claimant was walking with her father in Kumbakonam-

Chennai Main Road, Cholapuram near Beemavaikkal, at the time,

the Hero Honda CT Delex Motor Bike TN-48-A-5519 came in a rash

and negligent manner in the opposite direction and dashed against

the minor claimant and due to it, she was thrown away and

sustained grievous and multiple injuries. The injured minor

claimant filed claim petition seeking compensation of Rs.2,00,000/-

on the ground that the offending vehicle caused the accident.

3.The Tribunal, on consideration of oral and documentary

evidence adduced by the parties, came to the conclusion that the

driver of the offending vehicle has caused the accident and

awarded compensation of Rs.31,065/- together with interest @

7.5% p.a.

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4.The learned counsel for the appellant submitted that the

tribunal has awarded meager compensation for the injuries

sustained by the minor claimant in the accident and in respect of

conventional heads, the claimant is awarded only lesser amount

and hence, the award of the tribunal has to be enhanced to some

extent.

5.Per contra, on the side of the 2nd respondent Insurance

Company, it is argued that the tribunal based on the evidence

available on record, both oral and documentary, has awarded

reasonable compensation and hence, prays that the Civil

Miscellaneous Appeal has to be dismissed.

6.Heard both sides and perused the materials available on

record.

7.The dispute is in respect of quantum alone. In this case, the

Doctor, who determined the disability for the minor claimant was

examined as PW2. He deposed that after examining the minor

injured, he issued the Disability Certificate (Ex.P8) stating that the

injured has sustained 10% partial permanent disability. The

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tribunal has fixed Rs.2,000/- for 1% of disability. By calculating so,

the tribunal has correctly awarded Rs.20,000/- for 10% partial

permanent disability. Further, the tribunal has not awarded any

amount towards loss of amenities. Hence, this court awards Rs.

5,000/- towards loss of amenities. In respect of other heads, this

court finds that the award of the tribunal is not reasonable and as

such, it is to be modified as detailed below:-

                             Head                  Award of the Award          of    this
                                                   Tribunal     court
                             Partial Permanent Rs.20,000/-             Rs.20,000/-
                             Disability
                             For 10% (Rs.2,000/-
                             x 10%)
                             Pain and Suffering    Rs. 5,000/-         Rs.10,000/-

                             Attending charges     Rs. 1,000/-         Rs. 1,000/-
                             Medical Bills     (As Rs. 2,065/-         Rs. 2,065/-
                             per Ex.P7)
                             Transportation        Rs. 1,000/-         Rs. 1,000/-
                             charges
                             Nutrition             Rs. 2,000/-         Rs. 5,000/-
                             Loss of amenities           NIL           Rs. 5,000/-
                             Total                 Rs.31,065/-         Rs.44,065/-

                             Rounded off                               Rs.45,000/-




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8.Accordingly, the minor claimant is entitled to Rs.45,000/-

together with interest at the rate of 7.5% p.a. from the date of

petition, till the date of realization.

9.In the result, the Civil Miscellaneous Appeal is partly

allowed and the award of Rs.31,065/- is enhanced to Rs.45,000/-.

The interest at the rate of 7.5% per annum awarded by the tribunal

is maintained. The 2nd respondent Insurance Company is directed

to deposit the modified award amount together with accrued

interest and costs, less the amount already deposited, within a

period of six weeks from the date of receipt of a copy of this

judgment. On such compliance, being the father and natural

guardian of the the minor claimant is permitted to withdraw the