Madras High Court
M/S. National Insurance Co. Ltd vs Minor Sundarrajan @ on 12 January, 2009
Author: R. Sudhakar
Bench: R. Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12.01.2009 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 3807 of 2008 ............... M/s. National Insurance Co. Ltd., divisional Office, J.N. Street, Pondicherry. .. Appellant/ 2nd Respondent Vs. 1. Minor sundarrajan @ Ranjitkumar, rep. by his father, and next friend Raja 2. R. Jagadeesan .. Respondents/Petitioner/ 1st respondent Appeal filed under Section 173 of the Motor Vehicles Act against the award and decree dated 23.4.2007 made in MCOP No. 1139 of 2004 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge) Cuddalore. For Appellant : Mr. T.M. Venkatraman For Respondents : Mr. V.K. Rajagopalan R1 R2 - Exparte JUDGMENT
The National Insurance Company has filed this appeal challenging the award dated 23.4.2007 made in MCOP No. 1139 of 2004 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge) Cuddalore.
2. It is a case of injury. The accident in this case happened on 17.10.2003. The injured claimant, a 10 year old student, was walking on the road to the school when he was hit by a scooter. In that accident, he suffered the following injuries.
" Fracture in left leg and laceration all over the body, left knee movement restricted to 40 degree, left leg lower jaw movement restricted to 45 degree".
He claimed a sum of Rs.3,00,000/- as compensation for the injuries suffered and in respect of the disability assessed at 40%.
3. In support of the claim, the father of the injured claimant was examined as P.W.1. Dr. Sivasubramaniam was examined as P.W.2. Documents Exs. A1 to A9 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the copy of the M.V. I. Report. Ex.A3 is the copy of the O.P.Chit. Ex.A4 is the copy of the Accident Register. Ex.A5 is the copy of the insurance policy. Ex.A6 is the copy of the Registration Certificate. Ex.A7 is the copy of the driving licence. Ex.A8 is the disability certificate. Ex.A9 is the x-ray. No oral and documentary evidence was let in on behalf of the appellant/ 2nd respondent before the Tribunal.
4. Based on the nature of injuries suffered and the disability assessed, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Permanent disability at 40% Rs.1,00,000/-
2Future medical expenses Rs. 50,000/-
3Pain and sufferings Rs. 30,000/-
4Extra nourishment Rs. 20,000/-
5
Transport expenses
Rs. 1,000/-
Total
Rs. 2,01,000/-
5. In appeal, it is contended by the learned counsel for the appellant that the quantum of compensation is excessive. He also contended that an exorbitant sum of Rs.1,00,000/- has been granted for the disability assessed at 40% and for future medical expenses, a sum of Rs.50,000/- has been granted without any material to support the same. Therefore, he sought for reduction in the compensation.
6. Learned counsel for the claimant on the other hand stated that the injured claimant is a young boy and he is entitled to reasonable compensation for the serious nature of the injuries, period of treatment and the difficulty he will face in the future. It is contended that no amount has been granted for attender charges and meager amount has been granted for transport expenses. He also claimed that some amount has to be given for physiotherapy for the young boy, who will have the difficulty in the future. Consequent to the fracture of the leg and the injury to the jaw bone the strength is lost and hence the over all compensation is just.
7. The Tribunal has not justified the grant of such a huge amount for the disability. There is no proper reason for the same. For the disability assessed at 40%, the sum of Rs.1,00,000/- granted by the Tribunal cannot be justified. Even in respect of medical expenses, no material evidence has been let in and therefore, the sum of Rs.1,50,000/- on both heads stands set aside. However, the claimant is entitled to reasonable compensation on the head of disability, medical expenses, attender charges, transport expenses and extra nourishment which he is rightfully entitled to. Keeping in mind, the injury suffered and the period of treatment taken by the injured claimant in his young age and the Division Bench decision of this Court in Bhagavathy.M. vs. Thiruvalluvar Transport Corporation Limited reported in 2005 (5) C.T.C. 745, the award of the Tribunal stands modified as follows:-
Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Permanent disability at 40% Rs.1,00,000/-
Rs.60,000/-2
Future medical expenses Rs. 50,000/-
--3
Medical expenses including physiotherapy
---
Rs.20,000/-3
Pain and sufferings Rs. 30,000/-
Rs.30,000/-4
Extra nourishment Rs. 20,000/-
Rs.10,000/-
5
Transport expenses
Rs. 1,000/-
Rs. 5,000/-
Attender charges
--
Rs. 5,000/-
Loss of amenities due to the injury to the claimant
--
Rs.10,000/-
Total
Rs. 2,01,000/-
Rs.1,40,000/-
Since the accident happened in the year 2003 and the award was passed in the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed.
8. In the result, the civil miscellaneous appeal is partly allowed as follows:-
(i) The award of the Tribunal stands reduced to Rs. 1,40,000/- from Rs.2,01,000/-.
(ii) The interest granted by the Tribunal at 7.5% stands confirmed.
(iii) Learned counsel for the appellant stated that entire award amount has been deposited under re-investment scheme till the injured claimant attains majority.
(iv) The claimant represented by his father is permitted to withdraw a sum Rs.30,000/-.
(iv) Since the claimant is a minor, the balance amount shall be invested in any nationalised bank under reinvestment scheme proximate to the place of the residence of the first respondent/ claimant for a period of three years and renewable thereafter till the minor attains majority. The father of the minor is permitted to withdraw the accrued interest once in three months directly from the bank and for the said purpose the father of claimant shall open a savings bank account on the same branch and the interest amount shall be transferred to the account to be maintained by the father.
(v) The nationalised bank to which the amount will be deposited, shall intimate to the father of the claimant of such deposit and confirm the same to the Tribunal that the first claimant has been duly informed. The Tribunal to instruct the bank accordingly.
(vi) Since the deposit is in the case of minor, the Tribunal is directed to send a report containing the details of the deposit to the High Court on such deposit.
(vii) There shall be no orders as to costs.
(viii) Consequently, M.P. No. 1 of 2008 is closed.
ra To The Motor Accidents Claims Tribunal, (Additional Subordinate Judge) Cuddalore