Madras High Court
Minor Gobi vs Sekar on 1 March, 2022
CMA No.3147 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CMA No. 3147 of 2017
Minor Gobi ... Appellant/Petitioner
Vs
1. Sekar
2. The Divisional Manager
United India Insurance Company Limited.,
No.2, Dr.Sankaran Road, Namakkal-1 ... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V.
Act, 1988 to set aside the order made in M.C.O.P.No. 837 of 2013 on the
file of the Motor Accident Claims Tribunal cum Additional District Court,
Namakkal, dated 28.10.2014 and for enhancement of compensation.
***
For Appellant : Mr. C. Kulanthaivel
For 1st Respondent : Ex-parte
For 2nd Respondent : M/s. I.Malar
1/6
https://www.mhc.tn.gov.in/judis
CMA No.3147 of 2017
JUDGMENT
The claimant in M.C.O.P.No. 837 of 2013 on the file of the Motor
Accident Claims Tribunal cum Additional District Court, Namakkal, is the
appellant herein.
2. The said M.C.O.P.No. 837 of 2013 had been filed by the
claimant, who was a minor and represented by his father, seeking
compensation for the injuries suffered on 29.03.2013. The
claimant/appellant was aged about 13 years and was a student studying in
9th standard.
3. On 29.01.2013 in the evening at around 5.30 p.m., when the
claimant was travelling in a cycle, in Erumapatti -Namakkal Road, a vehicle
bearing Registration No. TN-22-AV-2920 is said to have come in a rash and
negligent manner in the opposite direction and dashed against the cycle,
owing to which, he fell down and suffered injuries. The claimant suffered
head injuries and also suffered fracture of the right thigh bone. There were
also other injuries.
https://www.mhc.tn.gov.in/judis
CMA No.3147 of 2017
4. The claimant was first admitted to Akshaya Hospital at
Namakkal and later shifted to Iswaryam Hospital at Salem, for further
treatment. He was an inpatient in that hospital and surgery was conducted
both in the head and also on the legs for the injuries suffered.
5. He claimed a sum of Rs.15,85,000/- towards compensation.
The medical records were also produced. The Tribunal on the basis of the
evidence adduced, determined liability on the vehicle bearing Registration
No. TN-22-AV-2920. The second respondent/Insurance Company liability
was therefore fastened.
6. Thereafter, the Tribunal proceeded to determine the
compensation, to be paid for the injury suffered. Taking into account, the
age of the claimant, who was aged about 13 years, the Tribunal determined
the probable annual income at Rs.15,000/- and adopted multiplier of '15'.
Thereafter, the Tribunal also determined the injuries suffered at 60%
disability and came to a compensation for loss of income at Rs.1,35,000/-.
https://www.mhc.tn.gov.in/judis
CMA No.3147 of 2017
The Tribunal also granted compensation under other heads which are not in
dispute and granted a total compensation of Rs.8,46,627/-.
7. I would interfere to the extent of the annual income fixed at
Rs.15,000/- and revise that to Rs.45,000/-. The multiplier of '15' and 60%
disability are retained. This would indicate that the loss of income would be
(45,000 x 15 x 60%100), which is Rs.4,05,000/-.
8. I would retain the compensation granted under all the other
heads. The compensation therefore granted is as follows:-
1. loss of consortium
(45000 x 15 x 60%100) : Rs. 4,05,000 /-
2. Medical Expenses : Rs. 3,66,627/-
3. Transport to Hospital : Rs. 10,000/-
4. Pain and suffering : Rs. 2,00,000/-
5. Nutrients : Rs. 10,000/-
6. Damages to clothes : Rs. 1.00,000/-
7. Attender charges : Rs. 25,000/-
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Total Rs.11,16,627/-
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https://www.mhc.tn.gov.in/judis
CMA No.3147 of 2017
9. It is now stated that the petitioner has attained the majority.
10. The Appeal is allowed to that particular extent. No costs. The
enhancement in compensation is at Rs.2,70,000/-.
11. The second respondent is directed to deposit the enhanced
amount less the amount already deposited, if any, with interest at the rate of
7.5% per annum from the date of filing of the petition till date of deposit
within a period of six weeks from the date of receipt of a copy of this order.
On such deposit, the appellant/claimant is permitted to withdraw the award
amount, after adjusting the amount, if any, already withdrawn.
01.03.2022
Index:Yes / No
Speaking / Non-Speaking order
vsg
To
1. Additional District Court
Motor Accident Claims Tribunal
Namakkal.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
CMA No.3147 of 2017
C.V.KARTHIKEYAN, J.
vsg
CMA No. 3147 of 2017
01.03.2022
https://www.mhc.tn.gov.in/judis
