National Insurance Company Ltd v. Minor Manokiran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.A.Nos.489 of 2009 and 795 of 2009 and M.P.No.1 of 2009 CMA No.489 of 2009 National Insurance Co., Ltd Branch Office-1, Thanthai Periyar Market Complex, Salem-636 001.
...Appellant/2nd Respondent Vs 1.Minor Manojkiran represented by Next friend and father Rajamanickam ..1st Respondent/Claimant 2.S.Saradha ...2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree dated 29.09.2008 made in MCOP No.1271 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court-1, Salem.
For Appellant :
Ms.N.B.Surekha For Respondents :
Mr.V.R.Rajasekaran - for R1 CMA No.795 of 2009 Minor Manojkiran represented by next friend and his father Rajamanickam ...Appellant/Claimant Vs 1.S.Saradha
2.National Insurance Co., Ltd Branch Office-1, Thanthai Periyar Market Complex, Salem-636 001.
...Respondents/Respondents
Appeals filed under Section 173 of the Motor Vehicles Act against the judgment and decree dated 29.09.2008 made in MCOP No.1271 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court-1, Salem. For Appellant :
Mr.V.R.Rajasekaran For Respondents :
Ms.N.B.Surekha for R2 COMMON JUDGMENT C.M.A.No.489 of 2009 is filed by the Insurance Company against the award of a sum of Rs.2,24,000/- towards compensation to the first respondent, for the grievous injuries sustained by him in a motor vehicle accident. C.M.A.No.795 of 2009 is filed by the claimant against the very same award, claiming enhancement of compensation for the grievous injuries caused to him in the accident.
2.The case in brief, is as follows:
On 10.05.2004, when the claimant Minor Manojkiran was travelling in a bicycle on the Azhagapuram to Kattur Main Road, the tempo van belonging to the second respondent in C.M.A.No.489 of 2009 bearing Regn.No.TCT-1842, came in a rash and negligent manner and dashed against the bicycle. Due to the said impact, the claimant Minor Manojkiran sustained serious head injuries and grievous injuries all over the body. The claimant filed a claim petition before the Tribunal. On consideration of the materials and evidence available on record, the Tribunal awarded a total compensation of Rs.2,24,000/-, with interest at the rate of 7.5% per annum from the date of the petition. 3.Challenging the same, the appellant Insurance Company has filed CMA No.489 of 2009. The claimant has filed CMA No.795 of 2009, seeking enhancement of compensation, considering the grievous nature of injuries sustained by him. 4.The learned counsel for the Insurance Company has contended that the Tribunal has failed to see that the driver of the tempo van was not possessing the valid licence and hence it
ought to have fastened the liability only on the owner of the vehicle and exonerated the insurance company from the liability. Learned counsel for the Insurance Company further contended that the quantum of compensation fixed by the Tribunal is excessive and against the evidence placed before it.
5.The learned counsel for the claimant submits that the Tribunal has not properly considered the permanent disability caused to the claimant - a minor boy at the time of accident and the pain and suffering undergone by him and hence the meagre amount of Rs.54,000/- awarded towards permanent disability is very much on the lower side. Hence, the learned counsel for the claimant assails the award on the ground of unjust compensation and seeks enhancement.
6.Heard the learned counsel on either side and perused the materials available on record carefully and meticulously. 7.P.W.2-Nandakumar is the eye-witness to the accident. He deposed before the Tribunal that when he was proceeding to his house by walk on the Azhagapuram Main Road, he saw the minor claimant proceeding in his bicycle ahead of him on the left side of road and at that time, the tempo van in question came from the opposite direction in a rash and negligent manner and dashed against the minor claimant and consequently the claimant fell on the road with bleeding head injury. He further deposed that the accident had occurred only due to the rash and negligent driving of the driver of the tempo van. Taking note of the same and also the materials and evidence available on record, the Tribunal came to the conclusion that the accident had occurred only due to the rash and negligent driving of the driver of the tempo van, which factual finding this Court is not inclined to interfere.
8.With regard to the contention raised on the side of the Insurance Company that the driver of the tempo van was not possessing the valid driving licence, it is seen that Ex.R1Claim Form and Ex.R2-copy of Insurance Policy have been filed on the side of the Insurance Company before the Tribunal. It was put forth on behalf of the Insurance Company before the Tribunal that a letter has been sent to the owner of the vehicle in this connection and a copy of the letter is available with them, but the same has not been produced before the Tribunal. Further, it is seen that they have not placed any information before the Tribunal as regards any further steps taken, pursuant to sending the letter. In these circumstances, the Tribunal, relying upon the judgments of the Hon'ble Supreme Court, correctly directed
the Insurance Company, being the insurer for the vehicle in question, to pay compensation to the claimant and hence, the same need not be interfered with by this Court. 9.With regard to the quantum of compensation, on a careful consideration of the materials placed on record, this Court is of the view that considering the nature of injuries viz., skull injury caused to the claimant and the surgeries underwent by him, the amount awarded towards permanent disability is on the lower side and it would be appropriate to enhance the same to Rs.1,00,000/-. The compensation awarded towards other heads are reasonable and hence the same are confirmed. The details of the modified compensation are as follows:
HEADS AMOUNT (Rs.) Medical expenses 1,50,000/- Transportation Expenses 10,000/- Loss of future earnings on account of Permanent Disability 1,00,000/- Pain and Suffering 10,000/- ----------------- TOTAL...
2,70,000/- ========== Thus, the appellant / claimant is entitled to the modified compensation of Rs.2,70,000/-. It is made clear that only for the compensation of Rs.2,24,000/- awarded by the Tribunal, the interest rate of 7.5% per annum shall be calculated from the date of claim petition. For the enhanced amount of Rs.46,000/-, the interest rate of 7.5% shall be calculated from the date of filing of this appeal.
10.In the result, the Civil Miscellaneous Appeal No.489 of 2009 filed by the Insurance Company is dismissed, and the Civil Miscellaneous Appeal No.795 of 2009 filed by the injured claimant is partly allowed. No costs. Consequently, the connected miscellaneous petition is closed.
11.The 2nd respondent/ Insurance Company is directed to deposit the modified compensation as ordered above, after deducting the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. The appellant/ claimant who was minor at the time of accident, would have attained majority by now. Hence, on such deposit being made, the claimant is permitted to withdraw the same, on making proper application before the Tribunal. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KST To 1.The Motor Accidents Claims Tribunal Additional District Judge, Fast Track Court-1 Salem.
2.The Section Officer V.R.Section, High Court, Madras.
+1 CC to M/s. N.B. Surekha, Advocate sr 72384. C.M.A.No.489 of 2009 & C.M.A.No.795 of 2009 RR(CO) SP(24/01/2022)