Madras High Court
The Branch Office vs Minor.V.Ambaji on 10 March, 2022
C.M.A.No.612 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
CMA.No.612 of 2017
and
CMP.No.4454 of 2017
The Branch Office,
The National Insurance Company Limited.,
1st Floor, Sharadamma Building,
Bye pass Road,
Hosur. ... Appellant
Vs.
1.Minor.V.Ambaji,
represented by his Next Friend
and Father C.Venugopal.
2.K.Govindarayan ... Respondents
Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the award and decree dated
15.09.2006 made in MCOP.No.1847 of 2003, on the file of the Motor
Accidents Claims Tribunal, Sub Court, Krishnagiri.
For Appellant : Mr.S.Arunkumar
For 1st Respondent : Mr.M.Sivakumar (Amicus Curiae)
For 2nd respondent : No appearance
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C.M.A.No.612 of 2017
JUDGMENT
The second respondent/National Insurance Company in
M.C.O.P.No.1847 of 2003 on the file of the Motor Accidents Claims
Tribunal, Sub Court, Krishnagiri/learned District Judge at Dharmapuri,
Krishnagiri, is the appellant herein.
2.They are aggrieved by the quantum of compensation granted as
claimed by the claimant therein, who was a minor aged 12 years at the
time of said accident.
3.It had been stated that the claimant viz., V.Ambaji, was studying
in fifth standard at Don Bosco Matriculation School at Hosur. On
15.04.2002 at around 8.15 a.m., he was standing on the left side of the
road near Mookandapalli Bus Stop to go to School. At that time a
Yamaha Motor Bike bearing Registration No.TN 29 Q 9067, belonging
to the first respondent, which was insured with the second respondent,
said to have been driven in a rash and negligent manner, dashed against
the claimant and caused the accident. The injuries suffered by the
claimant were as follows:
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C.M.A.No.612 of 2017
1.Fracture of both bone right leg
2.Swelling deformity, tenderness and abnormal mobila by present
3.Contusion of 5” x 5” front of right leg
4.Contusion of 5” x 5” in the front of the left leg.
5.Lacerated wound of 1” x 1/2” in the right cheek.
6.Contusion of 3” x 3” in the wound around.
Claiming compensation for the aforementioned injuries, the claim
petition was filed before the Tribunal.
4.The claim petition was taken up for consideration by the learned
Sub Judge, Krishnagiri and the Judgment was delivered on 15.09.2006.
During trial, the father of the minor claimant was examined as P.W.1.
Exs.P1 to P6 were marked. Ex.P1 was the First Information Report.
Ex.P2 was the certificate being related to the injuries suffered. Ex.P3
was the Discharge Summary from Vijay Nursing Home, Hosur. Ex.P4
was the medical bills. Ex.P5 was a letter from Nallampatty Hospital.
Ex.P6 was the bills relating to the transport expenses.
5.It had been pointed out by Mr.S.Arun Kumar, learned counsel
appearing for the appellant that there is no assessment of disability
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C.M.A.No.612 of 2017
sustained by the claimant and there is no disability certificate with
respect to the injuries suffered and the functional ability of the claimant
post injuries. In the absence of such a certificate, it is contended by the
learned counsel for the appellant that it is highly unreasonable, and
unlawful on the part of the Tribunal to have granted the compensation at
an exorbitant amount determining a sum of Rs.60,000/- towards the
injuries suffered and also granting compensation under various other
heads. It is therefore, urged by the learned counsel for the appellant that
the Judgment should be interfered with.
6.Notice had been directed to the respondent. Though notice had
been served and names and addresses have been printed in the cause list,
there has been no appearance on behalf of the respondent.
7.It had been noted that Mr.M.Sivakumar, learned counsel had
been appointed as Amicus Curiae by my predecessor. The learned
counsel for the appellant was also served with the relevant records and
the learned counsel during the course of his arguments justified the
award granted. But, also stated that the disability certificate had not been
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C.M.A.No.612 of 2017
produced for the actual injuries/assessment of the injuries suffered by the
claimant.
8.In view of these particular facts while analyzing the judgment,
the first point to be examined is as to whether, the accident occurred due
to the rash and negligent driving of the Yamaha Motor Bike bearing
Registration No.TN 29 Q 9067. This fact has been established and the
copy of the FIR had also been produced. It is seen that the claimant was
standing on the road for going to school in the bus stop. At that time a
motor-cycle had dashed against them. The negligence was fixed by the
Tribunal on the driver of the motor cycle. I would also confirm that
particular fact.
9.The next aspect to be examined is the compensation granted by
the Tribunal. The accident had occurred in the year 2002. The assessment
of disability was in the year 2011. The injured was a minor. At that
particular age, there is every possibility of fractures healing quickly and
such being the case, full functional ability would have been attained over
a period of time. Among the injuries suffered due to the accident, only
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C.M.A.No.612 of 2017
one injury is fracture and others are contusion injuries and one lacerated
injury, which would have affected the injured for some time to some
extent. These are all injuries that can be very well get cured as the injured
is a boy of young age. Therefore, the possibility of disability apparent
when viewed is quite remote.
10.In view of that particular fact, let me interfere with the
compensation granted by the Tribunal. Let me grant compensation of
Rs.45,000/- towards injuries suffered and also grant an additional amount
of Rs.5,000/- towards damages to clothes and grant a sum of Rs.9858/-
towards transport expenses and grant a sum of Rs.3,000/- towards
nutrition. This would indicate a total compensation payable would be
Rs.62,858/-.
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.1,78,058/- is hereby reduced
to Rs.62,858/- [Rupees Sixty Two Thousand Eight Hundred and Fifty Eight
only] together with interest at the rate of 7.5% per annum from the date of
filing of claim petition till the date of deposit. The appellant/Insurance
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C.M.A.No.612 of 2017
Company is directed to deposit the modified award amount now
determined by this Court along with interest, less the amount already
deposited, if any, within a period of six weeks from the date of receipt of
a copy of this judgment, to be deposited in any one of the Nationalized
Banks, in any interest bearing Fixed Deposit Scheme till the minor 1st
respondent attains major. On such deposit, Mr.C.Venugopal, who is the
father of the minor 1st respondent is permitted to withdraw the accrued
interest once in three months for the welfare of the minor 1st respondent.
The appellant/Insurance Company is permitted to withdraw the excess
amount lying in the credit of M.C.O.P.No.1847 of 2003, if the entire
award amount has already been deposited by them. There shall be no
order as to costs. Consequently the connected Miscellaneous Petition is
closed.
10.03.2022
dua/ssi
Index:Yes/No
Speaking Order : Yes/No
To:
1.The Sub Judge,
Motor Accidents Claims Tribunal, Krishnagiri.
2.The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A.No.612 of 2017
C.V.KARTHIKEYAN,J.,
ssi
C.M.A.No.612 of 2017
10.03.2022
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