The Managing Director v. Minor. S.Balaji
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2016
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.1108 of 2016 & C.M.P.No.8210 of 2016 The Managing Director Tamil Nadu State Transport Corporation Limited, Kumbakonam Division-1.
... Appellant/Respondent vs.
1.Minor S.Balaji (minor rep. by his father and natural guardian Selvam) ..Respondent/Respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 27.04.2015 passed in M.C.O.P.No.676 of 2011 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Cuddalore.
For Appellant :
Mr.D.Venkatachalam
JUDGMENT
The Transport Corporation has preferred this Civil Miscellaneous Appeal challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Cuddalore, in M.C.O.P.No.676 of 2011.
2. This is a case of injury. In an accident that took place on 21.09.2010 at 8.10hours, when a minor school going child aged 9 years was travelling as a pillion rider in the motorcycle bearing Registration No.TN-074530, the bus belonging to appellant Corporation bearing Registration No.TN49-N-1571 driven by its driver, came in a rash and negligent manner, hit against the motor cyclist, resulting in the claimant sustaining severe crush injuries including fracture in the right leg. The minor represented by his father approached the Tribunal claiming compensation to the tune of Rs.5,00,000/-.
3. The Tribunal, after discussing the evidences held that the accident had occurred due to negligent act of the driver of the respondent Corporation and granted a sum of Rs.1,90,000/- as compensation. Aggrieved over the same, the Corporation is before this Court.
4. According to the claimant, the driver of the respondent Corporation drove the bus bearing Registration No. TN-49-N-1571 in a rash and negligent manner, hit against the motorcycle due to which, he fell down and sustained injuries and he was immediately taken to Government Hospital, Sirkali at first and then to Rajah Muthiah Medical College Hospital, Annamalai Nagar, for treatment. It is also stated that he is still undergoing treatment.
5. The learned counsel appearing for the Transport Corporation contended that the accident had occurred not due to the rash and negligent driving of the bus belonging to the appellant, hence, the Corporation was no way responsible to pay compensation to the claimant. He would further contend that the compensation awarded by the Tribunal is also on the higher side for the minor injury suffered. It is also contended that the Tribunal has erroneously awarded compensation towards loss of discomfort and loss of earning to parents and the amount awarded towards medical expenses and future medical expenses are without any basis. Hence, he seeks modification of the award.
6. A bare reading of the award of the Tribunal would reveal that except for injury and medical expenses, no other amount has been granted by the Tribunal. It is pertinent to note that although the minor boy suffered
grievous injuries and took treatment as in patient from 22.09.2010 to 11.10.2010, no separate amount had been granted towards pain and suffering and attender charges. Hence, though an argument is put forth before this court that the Tribunal has erroneously awarded compensation under the heads loss of discomfort and loss of earning to parents. I am of the view that the amounts granted under the heads are justified, as it is stated that the minor boy is taking treatment till date.
7. In view of the above, this Court finds no reason to interfere with the award of the Tribunal and hence, this Civil Miscellaneous appeal is dismissed. No costs. Connected miscellaneous petition is closed.
8. The Appellant Transport Corporation is directed to deposit the entire award amount together with accrued interest @ 7.5% per annum from the date of claim petition, to the credit of M.C.O.P.No.676 of 2011 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Cuddalore, within a period of four weeks from the date of receipt of a copy of this order. Since the claimant is a minor, the amount awarded shall be invested in a Nationalized Bank under fixed deposit scheme, initially for a period of one year and thereafter, renewed periodically, until he attains majority. The father/natural guardian of the claimant is permitted to withdraw the interest
accrued therein, once in three months.
29.04.2016 smi To
1. The Motor Accidents Claims Tribunal Chief Judicial Magistrate, Cuddalore.
S.VAIDYANATHAN, J.
smi C.M.A.No.1108 of 2016 & C.M.P.No.8210 of 2016 29.04.2016