IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

CMA.NO.2121 OF 2015

Minor D.Naveen Kumar,

Minor represented by Next Friend/Father, Devraj

... Appellant/Petitioner

Vs.

1.J.Gopal

2.S.Sreerangan

... Respondents/ Respondents

3.The New India Assurance Company Limited,

V.R.V.Complex, Bhavani main road,

Perundurai.

(The respondents 1 and 2 remained ex-parte before the Tribunal,

hence notice may be dispensed with for respondents 1 & 2 in this

Appeal)

PRAYER:

This Civil Miscellaneous Appeal has been filed under Section

173 of the Motor Vehicles Act, 1988, to enhance the compensation

awarded in the judgment and decree dated 12.09.2011, made in

M.C.O.P.No.212 of 2009, on the file of MCAT/Additional District

Court, FTC No.4. Bhavani, Erode District, with interest and Cost.

For Appellant

: Mr.Ma.P.Thangavel

For R1 & R2

: Set ex-parte

For R3

: Ms.P.Shobana

for M/s.R.Sreevidhya

JUDGMENT

(The case has been heard through video conference)

The claimant/minor is the appellant herein.

2.The minor claim petitioner, who suffered injuries in the

road transport accident on 29.04.2008 has filed a petition in

MCOP.No.212 of 2009, for claiming compensation, on the file of

the Motor Accident Claims Tribunal (learned Additional District

Judge), Fast Track Court No. 4, Bhavani, Erode, and wherein, the

Tribunal has awarded a sum of Rs.2,77,149/- as compensation. As

https://hcservices.ecourts.gov.in/hcservices/

aggrieved against the same, the minor claim petitioner has filed

this Civil Miscellaneous Appeal for enhancement of compensation.

3.The factum of the accident, manner of the accident, rash

and negligent driving on the part of the driver of the offending

vehicle are not under challenge.

4.Heard the learned counsel for the Insurance Company and

the learned counsel for the third respondent.

5.After perusing the records, as per the evidence of

PW2/Dr.Karuppannan & PW3/Dr.A.K.Thambiraj, coupled with

Ex.P7/discharge summary, Ex.P8/scan report, Ex.P11/surgery

notes, it is seen that PW3/Dr.A.K.Thambiraj had issued

Ex.P12/permanent disability certificate by fixing the disability

as permanent in nature at 85% and could depose that the right

hand side kidney of the boy aged about 11 years, studying VI

standard at the time of the accident, has been removed, left

hand side kidney was badly damaged and abdomen has also been

damaged due to the grievous injuries. Further, PW3/Doctor could

deposed that for the disability sustained, the minor claim

petitioner cannot do any work in his future life as earlier and

he is disallowed for his studies also and hence, he needs

attender for rising and moving rounds safely.

6.After perusing Ex.P7/discharge summary and also taking

note of Ex.P11/surgery notes, Ex.P12/permanent disability

certificate issued by PW3/Doctor by fixing the disability

suffered by the claim petitioner at 85% needs to be confirmed.

Accordingly, the permanent disability is fixed at 85% to the

boy, aged about 11 years, studying VI standard.

7.In the decision reported in 2014 2 TNMAC (6) SC -

(V.Mekala Vs. M.Malathi & another) the Hon'ble Supreme Court has

fixed the notional income at Rs.10,000/- for the person studying

11th standard with 50% as a future prospects.

8.Further, it is seen that with regard to the education and

for the family background no document has been produced before

the Tribunal. However, taking note of the entirety of the

circumstances, this Court is of the considered view that the

notional income of the boy having suffered such an injury of

nature a sum of Rs.7,000/- per month for loss of income with

Rs.3,500/- for future prospects will meet the ends of justice.

Accordingly loss income is calculated as under:

Rs.10,500/-(7,000+ 3,500) x 85% x 12 x 15 = Rs.16,06,500/-.

9.In view of the facts as stated supra, for pain