Madras High Court
Minor Gowrisankar vs The Managing Director on 9 March, 2023
C.M.A.(MD).No.588 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.588 of 2019
Minor Gowrisankar,
S/o.Karmegam,
Thaniyarmangalam,
Melur Taluk,
Madurai District.
Represented through his Mother
Amutha. ..... Appellant /Petitioner
-vs-
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Bye Pass Road,
Palanganatham,
Madurai. .... Respondent/ Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree, dated 22.04.2010, made
in M.C.O.P.No.1096 of 2008, on the file of the Motor Accidents Claims
Tribunal/ 1st Additional Sub Judge, Madurai for enhancement of
compensation.
For Appellant : Mr.P.Palanisamy
For Respondent : Mr.P.Prabhakaran
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the injured
claimant seeking enhancement of compensation awarded by the Motor
Accidents Claims Tribunal/ 1st Additional Sub Judge, Madurai.
2. The petitioner an injured claimant, is a minor boy, who met with an
accident inside the Melur Bus Stand.
3. According to the claim petitioner, the petitioner/ the claimant had
sustained fracture in the right hand and the right side of the hip. The claimant
has also sustained femur head bone fracture and right arm metacarpal bone
fracture and major operation was performed and iron plate inserted inside the
bone of right femur bone and that skin grafting were done in his left leg on
the skin removing portion of right leg. Based upon the above said injuries,
and PW.4- Doctor evidence, the Tribunal has awarded a sum of Rs.1,12,300/-
(Rupees One Lakh Twelve Thousand and Three Hundred only). Challenging
the same, the present Civil Miscellaneous Appeal has been filed seeking
enhancement of compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
4. The learned counsel appearing for the claimant/appellant had
contended that the claimant had met with an accident at Melur and he was
initially given treatment at Melur Government Hospital and thereafter, he was
taken to Government Rajaji Hospital, Madurai. On various occasions, he has
visited Government Rajaji Hospital, Madurai. The petitioner has undergone a
second surgery also. Therefore a sum of Rs.5,000/- (Rupees Five Thousand
only) given under the head of transport expenses, is on the lower side. He
further contended that the petitioner to take extra nourishment for a longer
period and hence, the Tribunal ought not to have awarded a just sum of
Rs.10,000/- (Rupees Ten thousand only) and he prayed for enhancement of
the said payment.
5. Pointing out paragraph No.9 of the order of the Tribunal, the learned
counsel appearing for the petitioner had contended that in view of various
grievous injuries sustained by the minor boy claiming an amount of Rs.
25,000/- (Rupees Twenty Five Thousand only) under the head of pain and
suffering, is on the lower side. He further contended that as per the Wound
Certificate- Ex.P-12, the claimant has sustained 36% disability and under the
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
said head only a sum of Rs.36,000/- (Rupees Thirty Six Thousand only) has
been awarded. Therefore, he sought for enhancement under all of these heads.
6. Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the accident had taken place
inside the bus stand and there is no question of negligence on the part of the
transport corporation. He further contended that the amount awarded by the
Tribunal is excessive. Any how, considering the fact that he is a minor, the
Transport Corporation has not filed any appeal, therefore, he prayed for
sustaining the Award passed by the Tribunal.
7. I have carefully considered the submissions made by the learned
counsel on either side.
8. The claimant/appellant had prayed for enhancement of amount under
the transport expenses on the ground that the claimant/minor had to undergo a
second surgery also for removal of the plates and screws that was fixed
during the first surgery due to fracture. Therefore, I am of the opinion that the
trial Court ought to have awarded an additional sum of another Rs.5,000/-
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
(Rupees Five Thousand only) towards transport expenses.
9. Considering the fact that the petitioner/ claimant, being a minor boy,
he requires an extra nourishment, the Tribunal ought to have awarded the
additional sum of another Rs.5,000/- (Rupees five thousand only) under the
head of extra nourishment. The nature of injuries sustained by the minor boy
clearly indicates that they are grievous in nature and therefore, I am of the
opinion that a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
awarded under the head of pain and suffering, is on the lower side. This
Court, decides to award a further sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) towards pain and suffering.
10. The Tribunal has awarded at the rate of Rs.1000/- (Rupees One
Thousand only) per percentage for disability and totally a sum of Rs.36,000/-
(Thirty Six Thousand only). However, it would be in the interest of justice of
to award Rs.2,000/- (Rupees Two Thousand only) per percentage for the
disability sustained by the minor boy.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
11. Considering the above said facts the enhancement is made in the
following heads:
Transport Expenses for a sum of : Rs. 5,000/-
Extra Nourishment for a sum of : Rs 5,000/-
Pain and suffering for a sum of : Rs.25,000/-
Disability additional amount of : Rs.36,000/-
Total : Rs.71,000/-
12. Accordingly, this Civil Miscellaneous Appeal stands allowed to the
extent of additional compensation of the amount of Rs.71,000/- (Rupees
Seventy One Thousand only) and the said amount shall be paid at the rate of
interest 7.5% per annum from 07.12.2007 onwards. However, the claimant
shall not be entitled to interest for the period of 438 days, because of the
delay in filing the Civil Miscellaneous Appeal. There shall be no order as to
costs.
09.03.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
To
1. The Motor Accident Claim's Tribunal/
The (1st Additional) Sub Court,
Madurai.
2. The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Bye Pass Road,
Palanganatham,
Madurai.
3. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.588 of 2019
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.588 of 2019
09.03.2023
https://www.mhc.tn.gov.in/judis
