Madras High Court
Minor.Anas @ Mohammed Anas vs Prince on 24 March, 2023
C.M.A(MD)No.1103 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1103 of 2016
Minor.Anas @ Mohammed Anas
Represented through Guardian and mother Sekuammal
... Appellant/Petitioner
Vs.
1.Prince
2.Sriram General Insurance Limited,
1000E-8, Riico Industrial Area,
Sitapura, Jaipur,
Rajasthan State – 302 022. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, to award an enhanced compensation of
Rs.5,00,000/- in addition to Rs.5,35,900/- awarded by Lower Court with
interest and cost.
For Appellant : Mr.N.Balakrishnan
For Respondents : No Appearance
JUDGEMENT
The present appeal has been filed by the claimant seeking
enhancement of compensation of the award amount granted by the Motor
Accident Claims Tribunal, Pudukkottai in M.C.O.P.No.137 of 2013.
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C.M.A(MD)No.1103 of 2016
2. As per the claim petition, the minor when he was walking on the
road, he was hit by a vehicle belonging to the 1st respondent and insured
with the 2nd respondent. According to the claimant, the 1st respondent
vehicle was driven in a rash and negligent manner and he was
responsible for the accident. The claimant has prayed for a sum of
Rs.30,00,000/- towards compensation.
3. A counter was filed by the insurance company contending that
only the minor was responsible for the accident since he had suddenly
crossed the national highways road without noticing the lorry which was
coming in a moderate speed. The company had further contended that the
amount claimed as compensation is highly excessive and without any
legal foundation.
4. The tribunal after considering the oral and documentary
evidence arrived at a finding that only due to the rash and negligent
driving of the vehicle belonging to the 1st respondent, the accident has
taken place and the tribunal has further found that the respondents 1 and
2 are jointly and severally liable to pay compensation.
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C.M.A(MD)No.1103 of 2016
5. After arriving at a finding relating to the joint liability upon the
respondents, the tribunal considered the issue of quantum. The tribunal
was pleased to award Rs.3,000/- per percentage of disability and has
granted a sum of Rs.1,62,000/- towards permanent disability on the
ground that the certificate reveals the disability of 54%. The tribunal was
pleased to accept the medical bills and has awarded a sum of
Rs.3,02,000/-. The tribunal has further awarded a sum of Rs.41,900/-
towards transport expenses and also awarded a sum of Rs.25,000/-
towards pain and suffering and Rs.5,000/- towards extra nourishment and
in total a sum of Rs.5,35,900/- was awarded along with 7.5% interest.
Challenging the said award, the claimant has filed this appeal seeking
enhancement.
6. The learned counsel appearing for the appellant had relied upon
a judgment of the Hon’ble Supreme Court in AIR 2014 SC 736
(Mallikarjun Vs. Divisional Manager, The National Insurance
Company Limited and others). He particularly relied upon Paragraph
No.12, which is extracted as follows:
“12. Though it is difficult to have an accurate
assessment of the compensation in the case of children
suffering disability on account of a motor vehicle accident,
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having regard to the relevant factors, precedents and the
C.M.A(MD)No.1103 of 2016
approach of various High Courts, we are of the view that
the appropriate compensation on all other heads in
addition to the actual expenditure for treatment, attendant,
etc., should be, if the disability is above 10% and upto
30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs;
upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6
lakhs. For permanent disability upto 10%, it should be Rs.
1 lakh, unless there are exceptional circumstances to take
different yardstick. In the instant case, the disability is to
the tune of 18%. Appellant had a longer period of
hospitalization for about two months causing also
inconvenience and loss of earning to the parents.”
7. The learned counsel for the appellant had also relied upon a
judgment of the Hon’ble Supreme Court reported in 2015 (1) SCC 539
(Kumari Kiran through her father Harinarayan Vs. Sajjan Singh &
Others) Paragraph No.12, which is extracted as follows:
“....Hence, this Court in accordance with the
principles laid down by this Court in Mallikarjun case,
and after examining the facts, evidence on record and
circumstances of the case on hand, we deem it fit and
proper to award Rs.3,00,000/- towards permanent
disability of the appellant-minors viz.Kumar, Kiran and
Master Sachin, since they have suffered 30% and 20%
permanent disability respectively, due to the shortening of
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C.M.A(MD)No.1103 of 2016
their right leg by one inch after the injuries sustained in
the motor accident. Further, upon considering the age of
appellant-minors, they have a long journey ahead of them
in their lives, during which they along with their parents
will have to endure an immeasurable amount of agony and
uncertain medical expenses due to this motor-vehicle
accident. Thus, based on the principles laid down in the
above case, we award Rs.25,000/- each towards agony to
parents and Rs.25,000/- each towards future medical
expenses.”
8. Therefore, according to the learned counsel appearing for the
appellant, in the present case, disability has been assessed to 54%. In
view of the judgment of the Hon’ble Supreme Court in AIR 2014 SC
736 (Mallikarjun Vs. Divisional Manager, The National Insurance
Company Limited and others), the tribunal ought to have awarded a sum
of Rs.4,00,000/- towards permanent disablement and another sum of
Rs.50,000/- to the parents towards mental agony and another sum of Rs.
25,000/- towards future medical expenses. Therefore, he sought for
enhancement of the award passed by the tribunal.
9. Though the matter was listed on various occasions for the
appearance of the learned counsel for the respondents, he has not
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C.M.A(MD)No.1103 of 2016
appeared and therefore, this Court proceeds to pass the order on merits
after hearing the learned counsel for the appellant.
10. A perusal of the judgment of the Hon’ble Supreme Court
reported in AIR 2014 SC 736 (Mallikarjun Vs. Divisional Manager,
The National Insurance Company Limited and others) will clearly
indicate that whenever minor children incurs disability on account of
motor accident, the Hon’ble Supreme Court has fixed the amount
depending upon the percentage of disability suffered by the minor
children. As per the said judgment, where the disability is above 30%
and below 60%, a fixed amount of Rs.4,00,000/- could be awarded.
Therefore as rightly contended by the learned counsel appearing for the
appellant, a sum of Rs.4,00,000/- is awarded under the head of
permanent disability in the place of Rs.1,62,000/- fixed by the tribunal.
11. The learned counsel appearing for the appellant had relied
upon a judgment of the Hon’ble Supreme Court reported in 2014 SAR
(Civil) 1188 (Kumari Kiran through her father Harinarayan Vs. Sajjan
Singh & Others). In the said judgment, a sum of Rs.25,000/- to each one
of the parents has been awarded towards mental agony and another sum
of Rs.25,000/- has been awarded towards future medical expenses.
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C.M.A(MD)No.1103 of 2016
Following the said judgment, this Court is inclined to award a sum of
Rs.50,000/- to parents towards mental agony and another sum of
Rs.25,000/- towards future medical expenses of the injured minor boy.
12. Considering the above said facts, the award of the tribunal is
modified to the following effect:
(i) Under the head of permanent disablement, a sum
of Rs.4,00,000/- (Rupees Fourt Lakh only) is awarded and
under the head of medical expenses, a sum of Rs.
3,02,000/- (Rupees Three Lakh and Two thousand only) is
awarded and under the head of transport expenses, a sum
of Rs.41,900/- (Rupees Forty One Thousand and Nine
Hundred only) is awarded and a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) is awarded to each
one of the parents towards mental agony, totally a sum of
Rs.50,000/- (Rupees Fifty Thousand only). A sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) is awarded
towards future medical expenses and a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) is awarded
towards pain and sufferings to the injured boy and a sum
of Rs.5,000/- (Rupees Five Thousand only) is awarded
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C.M.A(MD)No.1103 of 2016
towards extra nourishment. Therefore, a total amount of
Rs.8,48,900/- (Rupees Eight Lakh Forty Eight Thousand
and Nine Hundred only) is awarded towards
compensation.
(ii) The said award amount shall carry interest at the
rate of 7.5% from 29.04.2013 onwards. The enhanced
amount shall be deposited by the insurance company
within a period of eight (8) weeks from the date of receipt
of a copy of this order.
13. The Civil Miscellaneous Appeal stands allowed to the extent
as stated above. No costs.
24.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
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C.M.A(MD)No.1103 of 2016
To
1.The Chief Judicial Magistrate,
Pudukkottai.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)No.1103 of 2016
R.VIJAYAKUMAR ,J.
gbg
Judgment made in
C.M.A(MD)No.1103 of 2016
24.03.2023
https://www.mhc.tn.gov.in/judis
