Madras High Court
N.M.Deepika vs S.Sakthivel on 28 March, 2023
CMA.No.2449 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A.No.2449 of 2013
1.N.M.Deepika
(minor rep by her father E.Nibalkar) ...Appellant
Vs
1.S.Sakthivel
2.Bajaj Allianz General Insurance Co., Ltd.,
No.25/26, Prince Towers, IV Floor, College Road,
Nungambakkam,
Chennai - 600 034. ..Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree passed in
MCOP.No.1962 of 2008 dated 27.03.2013 on the file of Motor Accident
Claims Tribunal (Chief Judge, Court of Small Causes) Chennai.
For Appellants : Ms.A.Salomi
For Respondents :Ex parte - R1
Mr.S.Arun Kumar for R2
JUDGMENT
This appeal has been filed by the minor claimant seeking
enhancement of compensation under the impugned award dated 27.03.2013
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
passed by the Motor Accident Claims Tribunal (Chief Judge, Court of Small
Causes) Chennai, in MCOP.No.1962 of 2008.
2. On 26.01.2008 while the deceased Manjula along with the her
husband and child/appellant and others were travelling as occupants in a car
bearing Regn.No.TN-2-AV-4992 from Chennai to Samayapuram on
National High way, driven by her husband, when it was nearing
Shekhussainpet, the driver of the lorry bearing Regn.No.TN-41-Q-9784,
drove the same in a rash and negligent manner in the same direction from
behind and hit against the car. Due to the said impact, she sustained fatal
injuries and her husband and the minor appellant also sustained injuries.
Other persons in the car also sustained multiple injuries. The guardian of the
minor appellant has filed a claim petition claiming a sum of Rs.3,00,000/-.
The Tribunal adjudicated the issues with reference to the documents and
evidences. The Insurance Company has defended their case. The Tribunal
has awarded a total compensation of Rs.44,300/-.
3. The appellant unsatisfied with the quantum of compensation
awarded by the Tribunal under the impugned award have preferred this
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
appeal seeking enhancement.
4. The details of the compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Award Amount
(Rs.)
Pain and suffering 10,000/-
Transport to Hospital 2,000/-
Extra Nourishment 2,000/-
Medical Expenses 8300/-
Attender charges 2000/-
Partial Permanent 20,000/-
disability
Total 44,300/-
5. Before the Tribunal, on the side of the Appellant/claimant
examined two witnesses as PW1 and PW2 and filed fifteen documents
which were marked as Ex.P1 to Ex.P15. On the side of the second
respondent, two witnesses were examined as RW1 and RW2 and filed nine
documents which were marked as Ex.R1 to Ex.R9.
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
6. Heard the learned counsel for the appellant and learned counsel for
the second respondent and perused the materials available on record.
7. The learned counsel appearing for the Appellant/Claimant
submitted that the decree and Judgement of the Tribunal are against law,
facts, evidence and probabilities of the case. The Tribunal has erred in
fixing the partial and permanent disability though the Doctor has assessed
the disability at 20% in Ex.P15. The Tribunal has granted Rs.10,000/- under
the head of pain and sufferings; Rs.2000/- towards Transport; Rs.2000/-
Extra Nourishment and Rs.20000/- towards partial permanent disability and
they are on the lower side. It has not granted any amount for damages to
clothes. In any event, the quantum of compensation fixed by the lower court
to the injured minor appellant aged 2 years was inadequate. The Tribunal,
without appreciating the evidences properly, has awarded the total
compensation of Rs.44,300/- and the said quantum is unreasonable. Hence,
he prayed to enhance the compensation.
8. Per contra, the learned counsel appearing for the second
respondent submitted that the compensation claimed by the appellant is
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
highly excessive and baseless. He further submitted that the Tribunal after
analysing the evidences on record, has rightly awarded the compensation to
the minor appellant/claimant and hence, the award passed by the Tribunal
does not warrant any interference by this Court. Hence, he prays for
dismissal of the appeal.
9. The Tribunal has relied upon Ex.P1/FIR, Ex.P11/copy of Accident
Register; Ex.P12/Discharge summary; Ex.P15/Disability certificate of the
appellant, the Tribunal has taken the age of the minor appellant as 2 years.
Considering the age and nature of injuries sustained by the appellant, the
Tribunal fixed Rs.10,000/- towards pain and suffering; Rs.2000/- towards
Transport and Rs.2000/- towards extra nourishment and Rs.8300/- towards
medical expenses as per medical bills; Rs.2000/- towards Attender charges
and Rs.20,000/- towards partial permanent disability.
10. On perusal of records, it is seen that the Tribunal has not properly
considered the evidences properly and the documents marked. Considering
the age and gravity of the injuries sustained by the appellant and also the
facts and circumstances of the case, this Court is of the considered view that
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
Rs.15000/- towards pain and sufferings, Rs.3000/- towards Transport are to
be awarded; considering the period of treatment, a sum of Rs.3000/- is fixed
towards Extra Nourishment. On perusal of the award, it is seen that the
Tribunal has not awarded any amount towards damage to clothes for which
she is entitled to. This court is inclined to award a sum of Rs.1000/- towards
damages to clothes. Since the award granted under the heads of Medical
expenses, Attender charges and partial permanent disability at Rs.8300/-,
2000/- and Rs.20000/- respectively, seems to be reasonable, no interference
of this court is required under these heads.
11.The details of the enhanced compensation are as under:
Heads Award Amount
(Rs.)
Pain and suffering 15,000/-
Transport to Hospital 3,000/-
Extra Nourishment 3,000/-
Medical Expenses 8300/-
Partial Permanent 20,000/-
disability
Damage to clothes 1000/-
Attender charges 2000/-
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
Heads Award Amount
(Rs.)
Total 52,300/-
12. Thus, the appellant/claimant is entitled to the enhanced
compensation of Rs.52,300/-. It is made clear that for the enhanced amount
of Rs.8000/-, the interest rate of 7.5% shall be calculated from the date of
filing of this appeal. The second respondent is directed to deposit the award
amount within a period of six weeks from the date of copy of this judgement
and recover the same from the first respondent.
13.The Civil Miscellaneous Appeal is partly allowed. No costs.
14. The second respondent/Insurance Company is directed to deposit
the enhanced compensation as ordered above, less the amount if any already
deposited, within a period of six weeks from the date of receipt of a copy of
this judgment. On such deposit being made, the Tribunal is directed to
deposit the award amount along with accrued interest in any one of the
Nationalised banks in re-investment scheme in the account of the minor
appellant/claimant till she attains majority, through RTGS within a period of
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
two weeks thereafter. No costs.
Index : Yes/No 28.03.2023
Internet : Yes/No (3/3)
gv
A.A.NAKKIRAN.,J.
gv
To
1.The Motor Accident Claims Tribunal/
Chief Judge, Court of Small Causes) Chennai.
2.The Section Officer,
VR Section, High Court, Madras.
C.M.A.No.2449 of 2013
https://www.mhc.tn.gov.in/judis
CMA.No.2449 of 2013
28.03.2023
(3/3)
https://www.mhc.tn.gov.in/judis
