Madras High Court
Minor Poorvika (8) vs Sri Rangasamy on 26 November, 2021
CMA No.1392 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.A.No.1392 of 2020
Minor Poorvika (8),
Rep. by his next friend/Guardian / Mother
Revathi ... Appellant
Vs
1.Sri Rangasamy
2.United India Insurance Co., Ltd.,
5-B/11, State Bank of India Upstairs,
Salem Main Road, Rasipuram,
Namakkal District – 637 408. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree in MCOP No.1386 of
2017, dated 02.12.2019 on the file of the Motor Accident Claims Tribunal /
Additional District Court, Namakkal.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondents : Mr.A.Dhiraviyanathan for R2
1/10
https://www.mhc.tn.gov.in/judis
CMA No.1392 of 2020
JUDGMENT
The minor claimant who sustained grievous injuries in an accident
that occurred on 25.06.2017 is on appeal, seeking enhancement of the
award of Rs.1,85,000/- made by the Motor Accident Claims Tribunal,
Namakkal in MCOP.No.1386 of 2017.
2. According to the claimant, the accident occurred while she was
standing on the mud portion of the road and the Maruthi car bearing
Reg.No.TN-23-L-1264, which was driven by its driver in a rash and
negligent manner came and hit against the claimant causing grievous
injuries. The injuries included a fracture in the left ankle and fibula. She
was admitted as inpatient in Sri Manickam Hospital at Rasipuram and she
was again taken to Universal Hospital at Salem for further treatment.
3. She was diagnosed as having suffered fracture in the left ankle
Bimalleolar fracture with epiphysis injury. The claimant assessed the
compensation at Rs.15,00,000/-. The Doctor who had treated her was
examined as P.W.2. He has also issued a disability certificate to the effect
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CMA No.1392 of 2020
that the claimant has 30% disability due to the accident. It is seen from the
discharge summary that has been produced as Ex.P8 that the appellant was
operated upon and ORIF with k-wiring fixed in left fibula and midial tibial
epiphysis was done.
4. A reading of the discharge summary coupled with the evidence
of the Doctor shows that the injuries are of very serious in nature and certain
implants were also made. The Tribunal upon consideration of the evidence
on record, awarded the following amounts as compenasation under various
heads:-
Heads Award
Amount
30% Permanent disability Rs.90,000/-
Medical Expenses (supported by bills) Rs.80,443/-
Transportation Rs.5,000/-
Pain and Sufferings Rs.5,000/-
Extra nourishment Rs.5,000/-
Total Rs.1,85,000/-
5. Terming the compensation as very low, the claimant has come
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CMA No.1392 of 2020
up with this appeal.
6. Heard Mr.T.S.Arthanareeswaran, learned counsel appearing for
the appellant and Mr.A.Dhiraviyanathan, learned counsel appearing for the
2nd respondent/ Insurance Company. Notice sent to the 1 st respondent has
been returned with endorsement 'Not found'. It is seen from the records that
the 1st respondent remained ex parte before the Tribunal, hence notice to the
1st respondent is dispensed with.
7. Mr.T.S.Arthanareeswaran, learned counsel appearing for the
appellant would vehemently contend that the trial Court must have followed
Master Mallikarjun Vs. Divisional Manager, National Insurance
Company Ltd., anr., reported in 2013 (2) TN MAC 338 (SC) case, since it
is the case of a minor claimant. He would also point out that the award
made under various heads are very meagre and requires enhancement.
8. Contending contra Mr.A.Dhiraviyanathan, learned counsel
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CMA No.1392 of 2020
appearing for the 2nd respondent/ Insurance Company would contend that
the multiplier method for awarding compensation in injury case can be
applied only if there is evidence to show that the injury would have a lasting
effect on the earning capacity of the claimant. In the absence of such
evidence, multiplier method cannot be adopted. He would also point out
that the Tribunal has rightly applied the percentage method and granted
Rs.90,000/- for permanent disability at Rs.3,000/- per percentage of injury.
He would add that the compensation awarded under other heads are also
reasonable and does not require any enhancement.
9. I have considered the submissions on either side. From the
discharge summary marked as Ex.P8 and the evidence of Doctor who was
examined as P.W.2, it is seen that the claimant has undergone surgery for the
injuries sustained by her and certain implants were also been made.
Therefore, the award needs to be revised.
10. As far as the permanent disability is concerned, the disability
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CMA No.1392 of 2020
certificate issued by the Doctor, who treated her, shows that she has suffered
30% disability. Considering the age of the minor and the fact that there has
been disfigurement of the left leg and taking into account the minor is a
female child, I am of the opinion that an award of Rs.5,000/- per percentage
would be just and reasonable. Award for permanent disability is enhanced
to Rs.1,50,000/- from Rs.90,000/-.
11. The Tribunal has awarded Rs.5,000/- for pain and sufferings.
It is seen from the records that the claimant was admitted as inpatient for
atleast 9 days and surgeries have been performed. There are also certain
implants which would cause further pain and suffering. I am therefore of
the opinion the award under the head pain and sufferings should be
enhanced to Rs.45,000/- from Rs.5,000/-.
12. The Tribunal has not awarded any amount for future medical
expenses. As already pointed out that there are implants and those implants
will have to be removed, which would definitely involve certain costs.
Considering the fact that the medical expenses are increasing day by day, I
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CMA No.1392 of 2020
am of the opinion that Rs.25,000/- can be awarded for future medical
expenses.
13. Due to the accident, there is disfigurement of the left leg of the
appellant. Being a girl child, this may have a bearing on her marital
prospects, hence, certain amount must be awarded towards loss of
amenities, which I fix at Rs.25,000/-.
14. Thus, the award of the Tribunal is modified as follows:-
Heads Compensation Compensation
awarded by the Enhanced/
Tribunal awarded by
this Court
30% Permanent disability Rs.90,000/- Rs.1,50,000/-
Medical Expenses (supported by bills) Rs.80,443/- Rs.80,443/-
Transportation Rs.5,000/- Rs.5,000/-
Pain and Suffering Rs.5,000/- Rs.45,000/-
Extra nourishment Rs.5,000/- Rs.5,000/-
Future medical expenses -- Rs.25,000/-
Loss of Amenities -- Rs.25,000/-
Total Rs.1,85,000/- Rs.3,35,443/-
The total compensation comes to Rs.3,35,443/-, is rounded off to
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CMA No.1392 of 2020
Rs.3,35,000/-. The Insurance Company is directed to deposit the amount
with appropriate interest within a period of 8 weeks from the date of receipt
of a copy of the judgment.
15. Accordingly, this Civil Miscellaneous Appeal is partly
allowed. No costs.
26.11.2021
Index: No
Internet : Yes
Speaking order
dsa
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CMA No.1392 of 2020
To
The Motor Accident Claims Tribunal
Additional District Judge, Namakkal.
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CMA No.1392 of 2020
R.SUBRAMANIAN, J.
dsa
CMA No.1392 of 2020
26.11.2021
https://www.mhc.tn.gov.in/judis
