Madras High Court
The Managing Director vs Minor.Miruthula on 10 February, 2025
CMA.Nos.3429 of 2024 and 315 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
CMA.Nos.3429 of 2024 and 315 of 2025
CMA.Nos.3429 of 2024:
The Managing Director,
Tamil Nadu State Transport Corporation,
Vazhuthareddy, Villupuram,
Having Office at CMBT, Koyambedu,
Chennai – 600 107.
... Appellant
Vs.
Minor.Miruthula
(Minor rep. by her Guardian and next
friend P.Shyamchander, S/o.S.Pavananthi)
... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the judgment dated 08.08.2023 made
in MCOP.No.1414 of 2021 on the file of the Motor Accident Claims
Tribunal, (Special Sub-Judge-II), Chennai.
For Appellant : Mr.T.Chandrasekaran
For Respondents : M/s.K.Premkumar
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CMA.Nos.3429 of 2024 and 315 of 2025
CMA.Nos.315 of 2025:
The Managing Director,
Tamil Nadu State Transport Corporation,
Vazhuthareddy, Villupuram,
Having Office at CMBT, Koyambedu,
Chennai – 600 107.
... Appellant
Vs.
Minor.Aryalushanth
(Minor rep. by her Guardian and next
friend P.Shyamchander, S/o.S.Pavananthi)
... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the judgment dated 08.08.2023 made
in MCOP.No.1415 of 2021 on the file of the Motor Accident Claims
Tribunal, (Special Sub-Judge-II), Small Causes Court, Chennai.
For Appellant : Mr.T.Chandrasekaran
For Respondents : M/s.K.Premkumar
COMMONJUDGMENT
Questioning the quantum of compensation awarded by the
Motor Accident Claims Tribunal (Special Sub-Judge-II), Chennai in
MCOP.Nos.1415 and 1414 of 2021, dated 08.08.2023, the
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appellant/Transport Corporation has come by way of these Civil
Miscellaneous Appeals.
2. The claimants in CMA.Nos.315 of 2025 and 3429 of 2024
are minor children aged about 12 years and 6 years respectively. On
14.02.2021, they travelled as passengers in Maruthi Alto Car along with
their family members. The accident occurred due to the rash and negligence
driving of bus belonging to the appellant corporation. It is stated that the
parents of the claimants died in the accident and both the claimants received
grievous injuries and hence both these petitions have been filed seeking
compensation for the injury suffered by them. Since no arguments were
advanced by both the counsel for appellant as well as respondents, on the
question of negligence and liability, necessary facts leading to the fixation
of negligence and liability by the Tribunal are not discussed in this
judgment.
3. Heard the learned counsel for appellant/Transport
Corporation and the learned counsel for respondents/claimants.
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CMA.Nos.3429 of 2024 and 315 of 2025
4. The learned counsel appearing for the appellant/Transport
Corporation would submit that in CMA.No.315 of 2025, the Tribunal fixed
50% disability for the injury suffered by the victim without any basis
especially when the victim has not undergone any examination by the
Medical Board. It is submitted that the disability of 50% fixed by the
Tribunal is very much on higher side. It is also stated by the learned
counsel that Rs.1,50,000/- awarded under the head pain and suffering is
very much on higher side. He also submitted that the claimants are not
entitled to any amount under the head mental agony separately when they
were awarded substantial amount for pain and suffering. As far as,
CMA.No.3429 of 2024, learned counsel submitted that disability of 30%
awarded by the Tribunal is on the higher side. He further submitted that the
amount of Rs.1,00,000/- towards pain and suffering and Rs.2,00,000/-
awarded under shock and mental agony are not sustainable in law.
5. The learned counsel appearing for the respondents would
submit that Doctor issued the disability certificate and based on his
evidence and the certificate issued by him, the Tribunal fixed the disability
percentage and therefore the same requires no interference by this Court.
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CMA.Nos.3429 of 2024 and 315 of 2025
The learned counsel further submitted that due to the accident, the minor
children lost both of their parents and therefore, the Tribunal is very much
justified in awarding a lumpsum under the head of shock and mental agony.
He also submitted that having regard to the ordeal undergone by the
children, the amount of Rs.1,50,000/- and Rs.1,00,000/- respectively
awarded towards pain and suffering for both the claimants may not be said
to be on the higher side.
6. This Court carefully considered the submissions made on
either side and the materials available on record.
7. In CMA.No.315 of 2025, PW.3-Doctor issued Ex.P-19
disability certificate. A perusal of the same would suggest that the claimant
suffered a fracture in the right femur bone and dislocation of right hip. He
also suffered fracture in the right Zygomatic Complex and Orbital Floor
and irregular lacerations of right face. It is clearly mentioned in the
disability certificate that the flexion of his hip joint is reduced by 30 degree
and he has got difficulty in climbing stairs, standing on affected leg,
squatting on floor, sitting cross legged etc. It is also stated that there are
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laceration scar on the face, PW.3 issued disability certificate fixing the
disability at 55%. However, the Tribunal reduced it to 50% and granted
compensation by applying the law laid down by the Apex Court in
Mallikarjun case. Even assuming the disability percentage fixed by the
Doctor is reduced as 35%, still as per the law laid down in the Mallikarjun
case reported in 2013(2) TNMAC 338 (SC), the victim is entitled to a sum
of Rs.4,00,000/- under the head of partial disability as fixed by the Tribunal.
Therefore, the said findings by the Tribunal need not be interfered with.
8. It is seen from Ex.P2 and P11 discharge summary, the
victim was in hospital from 14.02.2021 to 20.02.2021 and 06.04.2022 to
08.04.2022, therefore, the victim was treated as inpatient for nearly 10
days. A sum of Rs.1,50,000/- awarded by the Tribunal under the head pain
and suffering is on the higher side and the same is reduced to 50,000/-.
When compensation is awarded under the head pain and suffering, the
claimants are not entitled to compensation under the head shock and mental
agony. Therefore, the sum of Rs.2,00,000/- awarded under the head of
shock and mental agony is set aside. The amount awarded by the Tribunal
under the head of future medical expenses is based on estimation bill under
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Ex.P3, therefore, the same is confirmed. As per Ex.P18, Doctor pointed out
various disabilities suffered by the victim. As the victim is minor boy aged
about 12 years, he is entitled to a lumpsum under the head of loss of marital
prospects. This Court feels a sum of Rs.2,00,000/- under the head of loss
of marital prospects would be proper by taking into consideration, the
disability mentioned in the disability certificate.
9. In view of the discussions made earlier, the award passed by
the Tribunal is modified as follows:
S.No Description Amount Amount
awarded by awarded by this
Tribunal Court
(Rs) (Rs)
1. Part disability 4,00,000/- 4,00,000/-
2. Pain and Suffering 1,50,000- 50,000/-
3. Extra Nourishment 15,000/- 15,000/-
4. Transportation 5,000/- 5,000/-
5. Attendant Charges 5,000/- 5,000/-
6. Medical Expenses 1,47,500/- 1,47,500/-
7. Loss of Amenities 25,000/- 25,000/-
8. Shock and Mental Agony 2,00,000/- -
9. Future Medical Expenses 2,00,000/- 2,00,000/-
10. Loss of marital prospects - 2,00,000/-
Total 11,47,500/- 10,47,500/-
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10. In view of the discussions made earlier, the compensation
awarded by the Tribunal is reduced from Rs.11,47,500 to Rs.10,47,500/-.
Therefore, CMA.No.315 of 2025 filed by the appellant Corporation is partly
allowed.
11. In CMA.No.3429 of 2024, PW.3-Doctor issued Ex.P18-
discharge summary fixing the permanent disability at 35%.
12. A perusal of the disability certificate would indicate that
the victim suffered fracture in distal radius and ulna and therefore,
underwent surgery for the same. It is also stated that victim suffered
laceration of face and scalp, scar on face, difficulty in mastication, pain and
tenderness in upper jaw during chewing, post head injury, head ache and
vertigo. The Tribunal reduced the disability fixed by the Doctor from 35%
to 30%. Even assuming the disability fixed by the Doctor is reduced to
11%, as per law laid down in Mallikarjun case, the victim is entitled to
lumpsum of of Rs.3,00,000/- and hence the said amount awarded under the
said head is confirmed.
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13. It is seen from Ex.P13-discharge summary, the victim was
in hospital from 14.02.2021 to 17.02.2021, roughly four days. Therefore, a
sum of Rs.1,00,000/- awarded under the head of pain and suffering is
reduced to Rs.50,000/-. The Tribunal committed an error in awarding a sum
of Rs.2,00,000/- under the head shock and mental agony separately. The
victim was granted compensation under the head of pain and suffering and
therefore the victim is not entitled to compensation under the head of shock
and mental agony separately. Therefore, the award of Rs.2,00,000/- under
the said head is set aside. The victim is a girl child aged about 6 years. In
the disability certificate, the Doctor mentioned about scar on her face and
difficulty in mastication, pain and tenderness in upper jaw during chewing,
post head injury, head ache and vertigo. It is also stated that there is
complaint of head ache and vertigo and the disability certificate also
mentions about the reduction of flexibility of elbow joint by 30 degree.
Taking into consideration the disability mentioned in the certificate issued
by Doctor, this Court feels that the victim is entitled to a sum of
Rs.1,50,000/- under the head of loss of marital prospects. Therefore, the
compensation awarded under the various heads are modified as follows:
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S.No Description Amount Amount
awarded by awarded by this
Tribunal Court
(Rs) (Rs)
1. Disability 3,00,000/- 3,00,000/-
2. Pain and Suffering 1,00,000/- 50,000/-
3. Extra Nourishment 15,000/- 15,000/-
4. Transportation 5,000/- 5,000/-
5. Attendant Charges 4,000/- 4,000/-
6. Medical Expenses 21,500/- 21,500/-
7. Loss of Amenities 20,000/- 20,000/-
8. Shock and Mental Agony 2,00,000/- -
9. Loss of Marital prospects - 1,50,000
Total 6,65,500/- 5,65,500/-
In view of the discussion made earlier, the compensation
awarded by the Tribunal is reduced from Rs.6,65,500/- to Rs.5,65,500/-.
14. The appellant/Corporation is directed to deposit the
amount as ordered by this Court before the Tribunal within a period of six
weeks together with interest. The amount deposited by the Corporation
shall be deposited in any of the Nationalized bank initially for a period of
three years and the same shall be renewed periodically till the attainment of
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majority by minors. The guardian of the minor victims are permitted to
withdraw the accrued interest once in six months by making proper
application before the Tribunal.
15. Accordingly, these Civil Miscellaneous Appeals are partly
allowed.
10.02.2025
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
ub
To
1.The Motor Accident Claims Tribunal
(Special Sub-Judge-II), Chennai.
2.The Section Officer
VR Section,
High Court, Madras.
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S.SOUNTHAR, J.
ub CMA.Nos.3429 of 2024 and 315 of 2025 10.02.2025 12/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 01:22:32 pm )