MINOR THARANI vs V.SHIVAJI

CMA No. 1141 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 1141 of 2024
CNR: {HCMA010722992024}
Minor Tharani
Rep. by Father and Natural Guardian
R.Ammavasi,
..Appellant(s)
Vs
1. V.Shivaji
S/o. Varadarajan,
2. G.Mathiazhagan
S/o. Ganesan,
3. The Branch Manager
IFFCO TOKIO General Insurance Company Ltd,
No. 19/1, Kingston Park , 11th Floor, (Opp.
Aruna Theatre), Ramalingam Nagar, Puthur
Road, Woraiyur, Tiruchirappalli-3.
..Respondent(s)
Prayer :- This Civil Miscellaneous Appeal filed under Section 173 of
M.V. Act to enhance the award passed in MCOP No. 95 of 2017 by The Motor
Accident Claims Tribunal (CJM Court), Nagapattinam dated 10.01.2024 and
allow the CMA as prayed in the MCOP No. 95 of 2017 and pass such further or
other orders.
For Appellant(s): Mr.P.Chandrasekar
For Respondent(s): Mr. B. Sivakolappan, for R3
R1 & R2 – Dispense with.
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CMA No. 1141 of 2024
JUDGMENT
The unsuccessful claimant has preferred the present Civil Miscellaneous
Appeal seeking enhancement of compensation awarded by the Motor Vehicle
Accident Claims Tribunal / Chief Judicial Magistrate, Nagapattinam, vide
award dated 10.01.2024, made in M.C.O.P.No.95 of 2017.
2. The claim petition has been filed by the father of the minor injured
under Sections 140 & 166 of the Motor Vehicles Act, seeking compensation for
the injuries sustained by his minor daughter in the road accident.
3. According to the claimant, on 10.01.2015, at about 5.00 p.m., when the
minor Tharani was trying to cross the road to reach the opposite house of one
Manohar, a motorcycle bearing Registration No.TN-51-AB-4214, ridden by its
rider in a rash and negligent manner, dashed against her. Due to the accident,
the minor Tharani sustained multiple injuries all over her body.
4. The first and second respondents were called absent and set exparte
before the Tribunal.
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CMA No. 1141 of 2024
5. The third respondent/Insurance Company filed a counter statement
denying the manner of accident. It was contended that the third respondent was
not the insurer of the Hero Honda Splendor motorcycle bearing Registration
No.TN-51 AB-4214 on the date of accident and that there was no contract of
insurance in respect of the said vehicle. It was further contended that the
injured claimant was responsible for the accident, as she suddenly tried to cross
the road without noticing the motorcycle coming from west to east, despite the
rider sounding the horn. Thus, the minor herself was the cause of the accident.
6. Before the Tribunal, on behalf of the claimant, the father of the injured
minor was examined as P.W.1. One eye witnesses, Anthoosh, was examined as
P.W.2, and Ex.P.1 to Ex.P.19 were marked. The Disability Certificate issued by
the Medical Board was marked as Ex.C.1. On the side of the third
respondent/Insurance Company, no witness was examined, no documents was
marked.
7. Upon appreciation of evidence adduced on either side, the Tribunal
came to the conclusion that the accident occurred due to the rash and negligent
riding of the offending vehicle. It was also found that the offending vehicle
belonged to the first respondent and was duly insured with the third respondent.
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CMA No. 1141 of 2024
The injured minor was examined by the Medical Board, which assessed her
disability at 30% and issued the Disability Certificate, Ex.C.1. By applying the
decision of this Hon’ble Court in M.Chinnathambi /V./ S.Deepa and another
reported in 2020(1)TN MAC 617, the Tribunal fixed a sum of Rs.4000/- for
each percentage of disability and accordingly awarded a sum of Rs.1,20,000/-
(Rs.4000 x 30) towards Permanent Disability.
8. The Tribunal awarded compensation under various heads as follows:
Heads of Compensation Amount awarded by
the Tribunal (Rs.)
Partial Permanent Disability 1,20,000/-
Medical Expenses 16,070/-
Loss of Income 21,000/-
Pain and Suffering 40,000/-
Extra Nourishment 15,000/-
Transportation Charges 5,000/-
Attendant charges 18,000/-
Mental Agony 5,000/-
TOTAL 2,40,070/-
Aggrieved over the same, the claimant has preferred the present appeal seeking
enhancement of compensation.
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CMA No. 1141 of 2024
9. The learned counsel appearing for the appellant/claimant would submit
that the Tribunal had failed to take into consideration the fact that the injured
was a minor child aged about three years at the time of accident. The
compensation awarded by the Tribunal under the head of Pain and Suffering is
very low. The suffering undergone by a minor child aged three years is highly
invaluable. The compensation awarded under the heads of Extra-Nourishment,
Transportation Charges, Attendant Charges, is also very meagre and the same
are to be enhanced.
10. Per contra, the learned counsel appearing for the third
respondent/Insurance Company would submit that upon proper appreciation of
the evidence and considering the nature of the injuries sustained by the
claimant, the disability assessed by the Medical board and the number of days
of inpatient treatment, the Tribunal has passed a reasoned and proper award,
which does not warrant any interference.
11. This Court has considered the submissions made on either side and
perused the materials available on record.
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CMA No. 1141 of 2024
12. There is no dispute with regard to the finding of negligence on the
part of the rider of the offending vehicle. The only grievance of the appellant is
that the compensation awarded by the Tribunal under the heads of Pain and
Suffering, Extra Nourishment, and Attendant Charges, appears to be meagre
and the same has to be enhanced.
13. It is not in dispute that at the time of accident, the minor was aged
three years. She was admitted to the Government Hospitals at Nagapattinam and
Thanjavur and underwent treatment as inpatient from 10.01.2015 to 22.01.2015
for about 13 days. It is also relevant to note that on 11.01.2015, she underwent
surgery. Subsequently, she was admitted as an inpatient at Aravind Hospital,
Madurai from 16.04.2019 to 18.04.2019. On 17.04.2019, she underwent
surgery.
14. P.W.1, the father of the minor, deposed that his daughter sustained a
bleeding wound on the left side of her forehead, on the back side of her head
and on her jaw. The injured minor was examined by the Medical Board for
assessment of disability. The Medical Board has assessed her disability and
issued Ex.C.1 Disability Certificate. A perusal of Ex.C.1 reveals that she
suffered with 30% neuro disability.
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CMA No. 1141 of 2024
15. While applying the ratio laid down by this Court in
M.Chinnathambi /V./ S.Deepa and another reported in 2020(1)TN MAC 617,
the Tribunal fixed a sum of Rs.4,000/- per percentage of disability and
accordingly awarded a sum of Rs.1,20,000/-(Rs.4000 x 30) towards Partial
Permanent Disability. The said amount appears to be reasonable in toto.
16. The Tribunal has awarded compensation to the parents of the injured
minor under the head of Loss of Income for a period of three months, fixing the
notional monthly income of the parents at Rs.7000/-. However, considering the
fact that the accident took place on 10.01.2015 and that the minor was aged
three years at the time of accident, the fixation of Rs.7000/- per month towards
the notional income of the parent appears to be meagre. This Court is inclined
to fix a sum of Rs.10,000/- per month as notional income of the parent of the
injured minor.
17. Further, considering the fact that the injured minor was admitted as an
inpatient at Government Hospitals at Nagapattinam and Thanjavur for about 13
days and underwent surgery on 11.01.2015, and she was subsequently admitted
as an inpatient at Aravind Hospital, Madurai from 16.04.2019 to 18.04.2019 for
three days and underwent surgery on 17.04.2019, the compensation awarded
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CMA No. 1141 of 2024
for three months towards loss of income appears to be meagre. The parent of the
injured minor would have necessarily spent considerable time taking care of the
child during the period of treatment and recovery. In view of the above, this
Court fixes the period of six months and awards a sum of Rs.60,000/-
( Rs.10,000 x6) towards Loss of Income.
18. The Tribunal awarded a sum of Rs.40,000/- under the head of Pain
and Suffering. Considering the fact that the minor female child was aged about
three years at the time of the accident and the nature of the injuries sustained by
her, this Court is inclined to enhance the compensation under the said head to
Rs.60,000/-.
19. The Tribunal has awarded a sum of Rs.15,000/- under the head of
Extra-Nourishment, which appears to be meagre. Hence, this Court is inclined
to enhance the same to Rs.40,000/- towards Extra Nourishment.
20. Similarly, the compensation of Rs.5,000/- awarded by the Tribunal
under the head of Transportation Expenses also appears to be meagre. Hence,
this Court is inclined to enhance the same to Rs.10,000/- towards Transportation
Expenses.
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CMA No. 1141 of 2024
21. The compensation awarded by the Tribunal under the other heads
appears to be reasonable and proper. Thus, the compensation awarded by the
Tribunal is modified as follows:
Heads of Compensation Amount awarded by the
Amount awarded by
Tribunal
this Court (Rs.)
(Rs.)
1,20,000/-
Partial Permanent Disability 1,20,000/-
16,070/-
Medical Expenses 16,070/-
60,000 /-
Loss of Income 21,000/-
(10,000 x 6)
60,000 /-
Pain and Sufferings 40,000/-
40,000 /-
Extra Nourishment 15,000/-
10,000 /-
Transportation Charges 5,000/-
18,000 /-
Attendant charges 18,000/-
5,000 /-
Mental Agony 5,000/-
3,29,070
TOTAL 2,40,070/-
22. In the result, this Civil Miscellaneous Appeal is partly allowed;
(i) the award dated 10.01.2024 passed in M.C.O.P.No.95 of 2017, on the
file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court,
Nagapattinam, is modified to the effect that the claimant is entitled to the
enhanced compensation of Rs.3,29,070/-(Rupees Three Lakhs Twenty Nine
Thousand and Seventy only), together with interest at the rate of 7.5% per
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CMA No. 1141 of 2024
annum, excluding the default period, if any, from the date of filing of the claim
petition till the date of deposit.
(ii) the third respondent/Insurance Company is directed to deposit the
enhanced compensation, less the amount, if any, already deposited, within a
period of fifteen (15) days from the date of receipt of a copy of this order.
(iii) Since the appellant is a minor, the third respondent/Insurance
Company is directed to deposit the compensation amount in any one of the
Nationalized Bank in an interest-bearing fixed deposit, untill the minor
appellant attains majority.
(iv) the father, being the natural guardian of the minor, is permitted to
withdraw the interest accrued once in six months for the welfare and benefit of
the minor appellant.

04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRP
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CMA No. 1141 of 2024
To
1. The Motor Accident Claims Tribunal (CJM Court),
Nagapattinam.
2. The Branch Manager
IFFCO TOKIO General Insurance Company Ltd, No.
19/1, Kingston Park , 11th Floor, (Opp. Aruna
Theatre), Ramalingam Nagar, Puthur Road,
Woraiyur, Tiruchirappalli-3.
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CMA No. 1141 of 2024
M.JOTHIRAMAN, J.
MRP
CMA No. 1141 of 2024
04-11-2026
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