Madras High Court

U.Pareeth vs For Appellant : M/S.G.Lavanya For ... on 7 August, 2023

                                                                            C.M.A.No.1544 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 Dated 07.08.2023

                                                           Coram
                                       The Hon'ble Mr.Justice Sunder Mohan

                                                    C.M.A.No 1544 of 2022

                           U.Pareeth
                           Sole Appellant declared as major and his father
                           and natural guardian Usain Shariff is discharged from
                           guardianship vide Court order, dated 27.07.2023
                           in C.M.P.No.15480/2023 of this Appeal.
                                                                                    ...Appellant
                                                             Vs.

                           The Managing Director,
                           Tamil Nadu Transport Corporation Ltd.,
                           Vazhuthareddy, Villupuram.

                                   Civil Miscellaneous Appeal filed under Section 173 of the
                           Motor Vehicles Act against the award passed in M.A.C.T.O.P.No.385
                           of 2013, on the file of the Motor Accident Claims Tribunal (Sub
                           Court) Gingee, Villupuram, dated 28.01.2019.


                                   For Appellant      :    M/s.G.Lavanya for Mr.T.Saikrishnan
                                   For Respondent     :    Mr.T.Chandrasekaran

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Judgement

This Civil Miscellaneous Appeal has been filed by the

appellant/claimant challenging the compensation awarded by the

Motor Accident Claims Tribunal (hereinafter, referred to as 'the

Tribunal') in M.A.C.T.O.P.No.385 of 2013, dated 28.01.2019.

2. The claim petition was filed stating that on 14.06.2013, at

4.40 p.m., when the appellant was returning home from School, along

with his father, in a two wheeler, bearing Reg.No.TN-21-R-8578,

from Gingee to Jayankondan, at Vinayagapuram to Jayankondan

main road, a Tamil Nadu State Transport Corporation bus, bearing

Reg.No.TN-32-N-2192, came from the opposite direction in a rash

and negligent manner and dashed against the two wheeler. Due the

said accident, the appellant sustained multiple injuries. Therefore, he

filed the claim petition seeking a sum of Rs.7,00,000/- as

compensation.

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3. The respondent, Transport Corporation filed a counter

statement denying all the averments made in the Claim Petition and

stated that the accident occurred not due to rash and negligent driving

of the driver of the bus but only due to the rider of the two wheeler,

inasmuch as, no rider of a two-wheeler can carry more than one

person, but, in this case, four persons had travelled; that the rider of

the two wheeler did not possess valid driving licence at the time of

the accident; that in any case, the compensation claimed is excessive

and prayed for dismissal of the claim petition.

4. Before the Tribunal, in order to prove the claim, the

father of the appellant examined himself as P.W.1, and marked 10

documents, which is exhibited as P.1 to P.10. On the side of the

respondent, one witness was examined, however, no documents were

marked.

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5. The Tribunal after considering the oral and documentary

evidence held that the accident occurred due to rash and negligence

on the part of the bus driver, and hence, directed the

respondent/Transport Corporation to pay a compensation of

Rs.2,27,400/- to the appellant.

6. Aggrieved over the award passed by the Tribunal, the

appellant/claimant filed the present appeal seeking for enhancement

of compensation.

7. M/s.G.Lavanya, learned counsel appearing for the

appellant submitted that on account of the accident, the appellant had

sustained grievious injuries, resulting in 33% permanent disability as

per the Medical Certificate issued by the Medical Board; that he was

treated as inpatient for nearly 28 days in the Hospital and thereby,

incurred medical expenses; that during the period of treatment, the

appellant, being a School going boy, suffered a lot as he was unable

https://www.mhc.tn.gov.in/judis C.M.A.No.1544 of 2022

to bear the pain (both mental and physical pain), and therefore, there

is loss of amenities as well; whereas, the Tribunal, regardless of all

the above aspects, awarded only a sum of Rs.2,27,400/- as total

compensation under various heads. The learned counsel further

submitted that that the parents of the appellant also faced undue

hardships, discomfort and inconvenience during the period of

hospitalization of the appellant, therefore, they need to be

compensated and in support of such contention, learned counsel

relied upon the judgment of the Hon'ble Supreme Court, in re

Mallikarjun Vs. Divisional Manager, National Insurance

Company Ltd. and another, reported in (2014) 14 SCC 396 and

prayed for allowing the Appeal.

8. Per contra, Mr.T.Chandrasekaran learned counsel for the

respondent submitted that though the Tribunal found that the

appellant suffered 33% disability, no document was produced to

establish the same. Therefore, the award of the Tribunal is excessive.

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In any case, there is no need to interfere with the said award and

prayed for dismissal of the Appeal.

9. Heard the learned counsel appearing for the appellant as

well as the respondent and perused the materials on record.

10. The only question that arises for consideration in this

instant Appeal is, whether the quantum of compensation awarded by

the Tribunal is just and reasonable.

11. On perusal of the records, this Court is of the view that

the Tribunal has referred to the certificate of the Medical Board,

indicating the permanent disability sustained by the appellant at 33%.

However, the said document is not found in the records. That apart,

there is no challenge to the said findings by the respondent as well.

However, the learned counsel for the appellant produced a letter sent

to the Medical Board for examination of the appellant pursuant to the

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order passed by this Court, in C.M.A.No.2380 of 2015. Therefore,

this Court is inclined to accept the findings of the Tribunal that the

appellant sustained 33% permanent disability.

11 (a) In the judgment of the Hon'ble Supreme Court, in

Malikarjun's case, referred to supra, relied upon by the learned

counsel for the appellant, the Hon'ble Supreme Court held that,

where, the disability of the injured is shown to be above 30%, and

below 60%, a reasonable compensation of Rs.4,00,000/- can be

awarded, besides the compensation for other actual expenses incurred

by the injured claimant. Hence, this Court is of the view that the

appellant is entitled to a sum of Rs.4,00,000/- as compensation under

the head, 'Pain and Suffering, Loss of Amenities on account of

Permanent Disability'.

11 (b). Insofar as the compensation towards discomfort,

inconvenience, loss of earning to parents during the period of

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hospitalization, the appellant is entitled to Rs.50,000/- as

compensation. As regards the compensation under the head Future

Medical Expenses, a sum of Rs.30,000/- is awarded as compensation.

Therefore, award of compensation by the Tribunal under various

heads is set aside and the modified award of compensation is as

follows:-

                                  Sl.                  Head                         High Court
                                  No
                                   .
                                        Pain and Sufferings, Loss of      Rs.4,00,000/-
                                        Amenities on account of
                                        permanent disability

Discomfort, inconvenience, loss Rs.50,000/-

of earning to parents during the period of hospitalization

Future Medical Expenses Rs.30,000/-

Total Rs.4,80,000/-

12. With the above modification, this Civil Miscellaneous

Appeal is partly allowed and the compensation awarded by the

Tribunal at Rs.2,27,400/- is hereby modified and enhanced to

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Rs.4,80,000/- together with interest at 7.5% per annum (excluding the

default period, if any) from the date of petition till the date of deposit.

The respondent/Transport Corporation is directed to deposit the

award amount now determined by this Court along with interest and