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2018 DIGILAW 3593 (MAD)

MINOR VISHAL DEEPAK v. SARAVANAN

2018-10-08

V.M.VELUMANI

body2018
JUDGMENT V.M. VELUMANI, J. 1. This Civil Miscellaneous Appeal has been filed to enhance the award amount granted in M.C.O.P.No.212 of 2011 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Tirunelveli, dated 01.06.2012. 2. The minor claimant represented by his mother has filed claim petition in M.C.O.P.No.212 of 2011, claiming a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) for the injuries sustained by him in the accident that took place on 30.05.2011. 3. Before the Tribunal, on behalf of the claimant, one Shyalaja, Dr.Poovalingam and Sankaranarayanan were examined as P.W.1 to P.W.3 and 7 documents were marked as Exs.P.1 to P.7. The respondents did not examine any person as witness and mark any documents. 4. The Tribunal, considering the pleadings, both oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the car, belonging to the first respondent, insured with the second respondent and awarded a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) as compensation to the appellant. 5. Not being satisfied with the award, the appellant has come out with the present appeal. 6. Heard the learned counsel appearing for the appellant and the second respondent and perused the materials available on record. 7. Though notice has been served on the first respondent and his name is printed in the cause list, there is no representation on behalf of the first respondent either in person or through counsel. 8. The learned counsel appearing for the appellant contended that the Tribunal ought to have fixed the notional income of minor at Rs. 60,000/- (Rupees Sixty Thousand Only) per year instead of Rs. 15,000/- (Rupees Fifteen Thousand Only) to arrive at loss of earning capacity. The said contention is without merits. It is well settled that the notional income of the minor without any income should be fixed at Rs. 15,000/- per year. In the present case, the minor was 3 years at the time of accident. There is no reason to fix Rs. 60,000/- per year instead of Rs. 15,000/- per year. The amounts awarded under different heads by the Tribunal are too meagre. 15,000/- per year. In the present case, the minor was 3 years at the time of accident. There is no reason to fix Rs. 60,000/- per year instead of Rs. 15,000/- per year. The amounts awarded under different heads by the Tribunal are too meagre. The Tribunal has not properly considered the age of the minor, nature of the injuries, period of treatment taken by the minor as inpatient and permanent disability suffered by the appellant / minor, which is robbed the normal life of the young boy. There is no contra evidence was let in by the respondents to disprove the evidence of P.W.2, Doctor and wound certificate. 9. Considering all the materials on record in entirety, the award of the Tribunal is modified as follows:- Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted For loss of income 67,500 67,500 confirmed For loss of happiness, loss of amenities 30,000 1,00,000 enhanced For loss of education 10,000 10,000 confirmed For transport expenses 3,000 3,000 confirmed For attendant charges and extranourishment 10,000 - Set aside For attendant charges - 20,000 awarded For extranourishment - 50,000 awarded For pain and suffering 30,000 75,000 enhanced Total Rs. 1,50,500 Rs.3,25,500 By enhancing a sum of Rs. 1,75,000/- 10. In the result, this Civil Miscellaneous Appeal is allowed, directing the respondents jointly or severally to deposit the award amount to the credit of M.C.O.P.No.212 of 2011 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tirunelveli, less the amount already deposited, if any, along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation with proportionate costs, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the Tribunal shall deposit the award amount in a Fixed Deposit in any one of the Nationalized Banks, till the minor attains majority. The mother / guardian of the minor is permitted to withdraw the interest accrued thereon once in three months directly from the bank. No costs.