Madras High CourtCMA/3890/2005allowed

Minor Raguvaran, v. T. Subramanian,

2019-02-19Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.M.A.No.3890 of 2005 and C.M.P.No.1052 of 2008 Minor Raguvaran Rep. by his father and natural Guardian Rajendhran, ...

Appellant/Petitioner Vs 1.T.Subramanian 2.National Insurance Company Limited, Rep. by its Branch Manager, 2/7, Pudukkottai Road, Tiruchi 620 020.

...

Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree of the Motor Accident Claims Tribunal / Sub Court, Tiruvarur, made in M.C.O.P.No.80 of 2003, dated 15.02.2005.

For Appellant :

Mr.D.Lakshmipathy For Respondents:

Mr.S.Vadivel (for R2)

JUDGMENT

This Court by order dated 07.02.2019 directing the petitioner guardian to produce the minor Raguvaran before this Court. Accordingly, the minor Raguvaran was produce in my Chamber and both the learned counsels were appeared. 2.The appeal filed by the claimant for enhancement of compensation, originally the appellant/claimant has filed the claim petition for Rs.10,00,000/-, since it is the case of the injury, the Tribunal was awarded a sum of Rs.1,15,000/- with interest at the rate of 7.5% p.a.

3.Unsatisfied with the award passed by the Tribunal, the appellant/claimant has filed this appeal by restricting his claim at the rate of Rs.4,00,000/- and seeking for compensation. 4.Today, I heard the arguments of both sides and also verified the minor Raguvaran in person, who appeared in a wheel chair. It is reported by the natural guardian of the father Rajendhran and the minor's mother that right from the date of accident the minor Raguvaran is unable to walk and he is sitting only in the wheel chair and they spent more money for his treatment.

5.Admittedly, there is no dispute about the accident by both the appellant and the respondent Insurance Company. On personal verification of the minor Raghuvaran in the presence of both the appellant and the respondent counsels, by physical verification and gone into the entire medical records, this Court come to a conclusion that it is a fit case to enhance the amount of Rs.3,00,000/- in addition to the original award amount of Rs.1,15,000/- with interest at the rate of 7.5% per annum. 6.Considering the nature of injury caused in the accident and arguments advanced by both sides, I am inclined to allow this appeal by enhancing Rs.3,00,000/-, in addition to the original award amount of Rs.1,15,000/-.

7.In the result, the Civil Miscellaneous Appeal is allowed and the award amount is enhanced from Rs.1,15,000/- to Rs.4,15,000/- with interest at the rate of 7.5% p.a. The second respondent / Insurance Company is directed to deposit the entire enhancement amount with interest at the rate of 7.5% per annum from the date of petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with accrued interest. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vs

To 1.The Motor Accident Claims Tribunal / Sub Court, Tiruvarur.

2.The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.S.Vadivel, Advocate, S.R.No. 14956 +1cc to Mr.D.Lakshmipathy, Advocate, S.R.No. 15403 C.M.A.No.3890 of 2005 and C.M.P.No.1052 of 2008 GMR(CO) GN(07/03/2019)