ABISHEK vs VARDHAPPAN - 2024-02-13

O R D E R

1) Leave granted.

2) Having heard learned counsel for the parties as also having perused the material placed on record, we are inclined to allow the present appeals.

3) Certain facts are not in dispute. On 10.07.2022, the appellants herein while traveling in a private vehicle which met with an accident, sustained injuries which as is evident from the medical records including the disability certificate are grievous in nature, impairing the functional disability to the appellants to the extent of 20 percent.

4) In claim petition preferred by the appellants under the provisions of the Motor Vehicles Act, 1988, the Motor Accident Claims Tribunal (hereinafter referred to as ‘Tribunal’ for brevity), accounting for all the factors including the age; extent of disability; loss of future prospects; expenses incurred by the appellants in undertaking medical treatment, quantified compensation at a sum of Rs.9,05,350/- vide Award dated 15.04.2015 passed in MACT Case M.C.O.P. Nos. 14/13, 16/13 and 17/13.

5) For ready reference the operative portion of the Award is extracted hereinunder:

“Petition number 17/13 – Minor Abhishek represented by father and next friend Selvaraj :

Finally, this petition is partially allowed and it is ordered that respondent number 2 has to give the compensation of Rs.9,05,350/- with cost in his capacity as the insurer for the respondent 1 to the petitioner in proportion of present date with an interest at the rate of 7.5 per cent from the date of the filing the petition till the date of actual payment. It is further ordered that the compensation amount shall be deposited by the 2nd respondent in this court within one month from today. Since the petitioner is a minor, the compensation payable along with the interest shall be deposited in a nationalised bank till the petitioner becomes major and if needed and for the benefit of the minor, her guardian and father shall withdraw the accrued interest once in six months. If there is any shortage of court fees, one month time is given to deposit the same. As regard to 3rd respondents, this petition is dismissed.”

6) In an appeal preferred by the Insurer (Respondent No.2), the High Court vide impugned order dated 11.10.2017 modified the said Award by reducing the compensation from Rs.9,05,350/- to Rs.5,86,350/-. It is done so, without assigning any reason nor is any basis therefor, discernible from record. We notice that in the three-page order, the High Court has not dealt with any one of the submissions raised by the parties across the Bar or assigned any reason, even by way of a passing reference, in reducing the compensation as awarded by the Tribunal.

7) Similar is the situation for Petition No.16/13 and Petition No.14/13, the respective operative portions of which, from the order of the Tribunal are reproduced herein below:-

“Petition number 16/13 – Minor Maha Akshaya represented by father and next friend Selvaraj :

Finally, this petition is partially allowed and it is ordered that respondent number 2 has to give the compensation of Rs.4,78,130/- with cost in his capacity as the insurer for the respondent 1 to the petitioner in proportion of present date with an interest at the rate of 7.5 per cent from the date of the filing the petition till the date of actual payment. It is further ordered that the compensation amount shall be deposited by the 2nd respondent in this court within one month from today. Since the petitioner is a minor, the compensation payable along with the interest shall be deposited in a nationalised bank till the petitioner becomes major and if needed and for the benefit of the minor, her guardian and father shall withdraw the accrued interest once in six months. If there is any shortage of court fees, one month time is given to deposit the same. As regard to 3rd respondents, this petition is dismissed.”

“Petition number 14/13 – Nivetha (Nivethitha)

Petitioner in MCOP 14/13 :

Finally, this petition is partially allowed and it is ordered that respondent number 2 has to give the compensation of Rs.6,73,226/- with cost in his capacity as the insurer for the respondent 1 to the petitioner in proportion of present date with an interest at the rate of 7.5 per cent from the date of the filing the petition till the date of actual payment. It is further ordered that the compensation amount shall be deposited by the 2nd respondent in this court within one month from today. It is also ordered that out of that amount, 50% of the amount along with the accrued interest shall be withdrawn immediately and the balance amount shall be deposited in a nationalized bank for three years. If there is any shortage of court fees, one month time is given to deposit the same. As regard to 3rd respondent, this petition is dismissed.”

8) Having perused the material placed on record and having heard learned counsel for the parties, we are of the considered view that the Award passed by the Tribunal cannot be faulted with, on any ground. As such, orders dated 11.10.2017 passed by the High Court in C.M.A. (MD)No. 956 of 2016, 955 of 2016 and 954 of 2016 are set aside and the Award dated 15.04.2015 passed by the Tribunal in M.C.O.P. Nos. 14/2013, 16/2013 and 17/2013 is restored. Claimants (Appellants herein) shall be entitled to the compensation in terms of the Award.

9) The civil appeals are allowed in the aforesaid terms.

……………………………………………., J.

[ SANJAY KAROL ]

……………………………………………., J.

[ ARAVIND KUMAR ]

New Delhi;

February 13, 2024.

ITEM NO.31 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 2160/2024

(Arising out of SLP (C)No. 9782/2019)

(Arising out of impugned final judgment and order dated 11-10- 2017in CMAMD No. 956/2016 passed by the High Court of Judicature atMadras at Madurai)

ABISHEK Appellant(s)

VERSUS VARDHAPPAN & ORS. Respondent(s)

WITH C.A. No. 2161/2024 (XII)

(Arising out of SLP (C)No. 7279/2020)

(IA No. 42248/2020 - EXEMPTION FROM FILING O.T.)

C.A. No. 2162/2024 (XII)

(Arising out of SLP (C)No. 14571/2019)

(IA No. 77246/2019 - EXEMPTION FROM FILING O.T.)

Date : 13-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ARAVIND KUMAR For Appellant(s) Mr. Harnaman Singh, Adv.

Mr. Rahul Tiwari, Adv.

Mr. P. Gandepan, Adv.

Ms. G. Indira, AOR For Respondent(s) Mr. G. Balaji, AOR Mr. Anshum Jain, Adv.

Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The civil appeals are allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NIDHI AHUJA) (VIRENDER SINGH)

AR-cum-PS BRANCH OFFICER

[Signed order is placed on the file.]