Madras High Court
Minor Puviyarasu vs Manikandan on 7 August, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1997 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1997 of 2024
Minor Puviyarasu
Represented by his
Next friend/Guardian/Father Prabhu ... Appellant
..Vs..
1.Manikandan
2. Divya
3. The New India Assurance Company Limited,
Saron Building, East Veli Street,
Madurai ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the award passed by the Motor Accidents
Claims Tribunal/Special Subordinate Judge No.II, Salem, in
M.C.O.P.No.469 of 2021 dated 22.09.2022.
For Appellant : Mr.T.S. Arthanareeswaran
For R3 : Mr.M. Krishnamoorthy
R1 & R2 : Notice dispensed with.
JUDGMENT
The appellant Minor Puviyarasu, who is represented by his
father Prabhu, filed a Claim Petition in M.C.O.P.No.469 of 2021 on
https://www.mhc.tn.gov.in/judis
the file of the Motor Accidents Claims Tribunal / Special Subordinate
Court No.II, Salem, under Section 166 of the Motor Vehicles Act,
seeking compensation of Rs.15,00,000/- for the injuries sustained by him,
in a road accident that took place on 06.08.2020.
2. The brief case of the appellant/claimant is as follows:
2.1. On 06.08.2020, at about 5.30 p.m., the minor Puviyarasu was
standing on Nadupatti diversion Road on Salem-Dharmapuri National
Highways with a bicycle. A speeding Tipper lorry bearing Registration
No.TN 30 BU 8086, owned by the second respondent and driven by the
first respondent, hit the minor Puviyarasu, as a result of which he
sustained injuries all over his body. He was immediately rushed to a
nearby hospital.
2.2. According to the claimant minor Puviyarasu was studying VIII
standard on the date of accident and that the accident took place on
account of rash and negligent driving of the driver of the Tipper lorry
bearing Registration No.TN 30 BU 8086. It is also his contention that
since the said lorry was insured with the third respondent, the New India
https://www.mhc.tn.gov.in/judis
Assurance Company Limited, Madurai, the owner of the Tipper lorry (the
second respondent) as well as the third respondent/Insurance Company
are jointly and severally liable to pay compensation to the injured.
3. The respondents 1 and 2 remained absent before the Tribunal and
were set ex parte. The third respondent/Insurance Company contested the
claim petition on all the grounds available to the insurer under Section
170 of the Motor Vehicles Act.
4. The Tribunal, after analysing the evidence on record, vide its
orders dated 22.09.2022, directed the third respondent/Insurance
Company to pay a compensation of Rs.1,66,000/- to the claimant
together with interest at the rate of 7.5% per annum. Seeking to enhance
the compensation awarded by the Tribunal, the present appeal is filed by
the claimant.
5. Heard Mr.T.S. Arthanareeswaran, learned counsel for the
appellant and Mr.M. Krishnamoorthy, learned counsel for the third
respondent.
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6. Mr.T.S. Arthanareeswaran, learned counsel for the
appellant/claimant contended that the injured was studying VIII standard
on the date of accident and though he sustained a fracture on 2nd
Metacarpal bone and the Medical Board also assessed his partial
permanent disability as 10%, the Tribunal has fixed only a sum of
Rs.5000/- per percentage. The learned counsel for the appellant, relying
on the decision of this Court in C.M.A. No.1661 of 2024, dated
15.07.2024 ( Murali Vs. Murasu and another), contended that this Court
had fixed a sum of Rs.8,000/- per percentage for the accident that took
place in the year 2021. He therefore contended that awarding a sum of
Rs.7,000/- per percentage towards partial permanent disability in the
present case would meet the ends of justice.
7. Per contra, Mr.M. Krishnamoorthy, learned counsel
appearing for the third respondent/Insurance Company contended that the
Award passed by the Tribunal is based on the well laid down principles of
law which were in vogue at the time of passing of the order and therefore,
the same need not be disturbed.
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8. The tribunal had adopted per percentage method and fixed a
sum of Rs.5,000/- per percentage for partial permanent disability. The
accident took place in the year 2020 and therefore, following the decision
of the single Judge of this Court, I am inclined to fix a sum of Rs.7,000/-
per percentage. Accordingly, compensation under the head of disability is
fixed at Rs.70,000/- (Rs.7,000/- x 10 = Rs.70,000/-). It is pertinent to
point out that the claimant was aged 12 years on the date of accident and
he had a fracture on his right forearm. In the circumstances, a sum of
Rs.25,000/- is awarded towards pain and sufferings. The amounts
awarded under the other heads by the Tribunal shall remain in tact. The
following tabular column would show the amount awarded by the
Tribunal and the enhanced amount awarded by this Court.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Partial Permanent 50,000/- 70,000/-
Disability (10%) (Rs. 5,000/- per (Rs. 7,000/- per
percentage) percentage)
2. Pain and sufferings 10,000/- 25,000/-
3. Loss of amenities 10,000/- 10,000/-
4. Medical Expenses 60,000/- 60,000/-
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S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
5. Transportation 10,000/- 10,000/-
charges
6. Extra nourishment 10,000/- 15,000/-
7. Attender's charges 15,000/- 15,000/-
8. Damages to 1,000/- 1,000/-
clothes
TOTAL 1,66,000/- 2,06,000/-
9. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.1,66,000/- to Rs.2,06,000/- which would carry interest at the rate
of 7.5% per annum.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.1,66,000/- to Rs.2,06,000/-.
(iii) The appellant / claimant is directed to pay the court fee for
the enhanced compensation amount, if any, and the Registry is directed to
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draft the decree only after the receipt of Court fee.
(iv) The third respondent, the New India Assurance Company
Limited, Madurai, is directed to deposit the enhanced compensation
amount i.e., Rs.2,06,000/- (less the amount already deposited) together
with interest at the rate of 7.5% per annum from the date of claim petition
till the date of deposit to the credit of MCOP.No.469 of 2021 on the file
of the Motor Accident Claims Tribunal / Special Subordinate Court No.II,
Salem, within a period of four weeks from the date of receipt of a copy of
this order.
(v) Since the claimant is a minor, the compensation amount,
after deducting the medical expenses of Rs.60,000/-, is ordered to be
deposited in a nationalized bank till the minor attains majority and the
medical expenses of Rs.60,000/- is ordered to be transferred to the bank
account of the father of the claimant, after following due process of law.
07.08.2024
Index : Yes/No
Internet : Yes/No
bga
https://www.mhc.tn.gov.in/judis
To
1. The Special Subordinate Judge No.II,
Motor Accident Claims Tribunal, Salem.
2. The New India Assurance Company Limited,
Saron Building, East Veli Street,
Madurai
3. The Section Officer, VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA, J.
bga
07.08.2024
https://www.mhc.tn.gov.in/judis
