Madras High Court
B.Rafiq vs M/S.Greenply Industries Ltd on 8 February, 2022
CMA.No.1785 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CMA.No.1785 of 2017
B.Rafiq,
Represented by his mother next friend Surya Begam
...Appellant
Sole appellant declared as major and his
mother Surya Begam discharged
guardianship vide order of court dated
27.02.2015 made in MP.No.1 of 2015 in
CMA Sr.No.5199 of 2015
Vs.
1.M/s.Greenply Industries Ltd.,
No.126/2, Choolai High Road,
Chennai – 600 112.
2.The New India Assurance Company Ltd.,
No.46, Moore Street,
Chennai – 600 001.
..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the award and decree dated 18.07.2007 passed in
MCOP.No.4827 of 2001 by the Motor Accidents Claims Tribunal / Additional
District Sessions Judge / Fast Track No.3, Chennai.
1/7
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CMA.No.1785 of 2017
For Appellant : Mr.Mathankumar
For N.S.Sivakumar
For Respondents : Ramachandran Sivakumar
JUDGMENT
This civil miscellaneous appeal has been filed questioning the
compensation granted by the learned Motor Accident Claims Tribunal, III
Fast Track Court, Chennai in MCOP.No.4827 of 2001 by judgment dated
18.07.2007.
2. The appellant who was the petitioner before the Triubnal is
deeply concerned and aggrieved by the quantum of compensation granted by
the Tribunal.
3. The brief facts are that on 06.12.2000, a young boy called Rafiq
who was a minor aged about 12 years had been, while crossing the GST
Road, hit by a Toyoto Qualis vehicle bearing Registration No.TN.04.H.3409
and had suffered injuries determined as Sub-luxation C2C3, compression,
neck injury, haemo thorax left side, left ribs fracture, collapsed disc, head
injury and multiple injuries all over the body.
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CMA.No.1785 of 2017
4.The Tribunal, on consideration of the facts and also the evidence
presented before, had thought that compensation as provided hereunder
would meet the ends of justice:
Heads Amounts
Pain and Suffering Rs.25,000/-
Transport Expenses Rs.2,000/-
Extra Nourishment Rs.3,000/-
Loss of Income Rs.1,35,000/-
Total Rs.1,65,000/-
5. The disability was fixed at 50%. The Loss of Income was
determined at Rs.750 * 12 = Rs.9,500/- per year and taking a multiplier of 15
years, a total sum of Rs.1,35,000/- was granted under that particular head.
The total compensation was determined at Rs.1,65,000/-.
6. Questioning such calculation and the award granted, the present
civil miscellaneous appeal has been filed.
7. During the pendency of the appeal, the minor boy had attained
the age of majority and that fact had been recorded by this Court and his
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CMA.No.1785 of 2017
mother and next friend who had represented him during the proceedings
before the trial and had also filed this appeal was discharged as guardian.
8. Heard Mr.Mathankumar, learned counsel appearing on behalf of
the appellant and Mr.R.Sivakumar, learned counsel appearing on behalf of the
2nd respondent.
9. The Court must place its appreciation for the sanguine manner in
which both the learned counsels addressed the points involved.
10. One fact, which disturb me is that the boy who was aged 12
years at the time of accident, and therefore, there could no loss of earning as
it would be run contrary to the normal reasoning. It is however stated that he
was working as a helper in a private place.
11.The Tribunal had fixed 50% as the disability and I would not
disturb the same. With respect to loss towards transportation to hospital, let
me interfere and increase that head to a sum of Rs.7,000/-. With respect to
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CMA.No.1785 of 2017
extra nourishment, since he was a young boy, naturally he required some
good nourishment. The Tribunal granted a sum of Rs.3,000/- and let me
increase it to Rs.8,000/-. With respect to pain and suffering, a sum of
Rs.25,000/- had been granted, but it is obvious the mother's pain cannot be
quantified, when her son was suffering from injury. The amount granted is
also interfered with and it is re-fixed at Rs.30,000/-. The total sum for loss of
income had been given at Rs.1,35,000/-, but without indicating the possible
suffering of both the boy and the mother. I would interfere with the amount
granted and increase it to Rs.1,45,000/-. The total amount therefore comes to
Rs.1,90,000/-.
12. With respect to the interest, Mr.R.Sivakumar, learned counsel
pointed out that though the accident occurred in the year 2000, the appeal
was filed with a delay of 2794 days. Naturally, interest cannot be mulcted on
the 2nd respondent for the particular period of delay in filing the appeal.
Therefore, while calculating interest, which is to be calculated from the date
of filing of the appeal, the interest for 2794 days may be deducted and for the
balance number of days or years, the interest may be granted to the appellant
herein. Interest is to be granted at 7.5% Simple Interest.
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CMA.No.1785 of 2017
13. The Civil Miscellaneous Appeal is partly allowed in the above
terms. The award is enhanced to Rs.1,90,000/-. The Insurance Company / 2nd
respondent shall deposit the enhanced compensation amount with simple
interest of 7.5 % after deducting the interest portion for 2794 days from the
date of filing of the appeal till date of deposit within a period of eight weeks
from the date of receipt of a copy of this order. On such deposit, the appellant
is permitted to withdraw the same. No order as to costs.
08.02.2022
smv
Index:Yes/No
Internet:Yes/No
Speaking / Non-speaking order
To:-
1.The Motor Accident Claims Tribunal,
III Fast Track Court, Chennai.
2.The New India Assurance Company Ltd.,
No.46, Moore Street,
Chennai – 600 001.
https://www.mhc.tn.gov.in/judis
CMA.No.1785 of 2017
C.V.KARTHIKEYAN, J.
smv
CMA.No.1785 of 2017
08.02.2022
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