High Court · 2025

CMA No. 2258 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2258 of 2021 & CROS.OBJ NO. 14 OF 2022,ANDCMP NO. 12513 OF 2021 & CMP NO. 858 OF 20221. M/s.United India Insurance Co. LtdHaving Its Branch Office At No.5/328-E, Sowkath Ali St (opp.A.V.H.S. School), Paramakudi, Ramanathapuram Dt 623 707.2.M/s. United India Insurance Co.Ltd.,Having Its Divisional Office At No.1171, Muthiah Complex, Mettur Road, Erode Dt 638 011.AppellantsVs1. K Murugesan2.P. BalamuruganRespondentsCROS.OBJ No. 14 of 2022K.MurugesanAppellantVs1/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 20211. United India Insurance Co. Ltd.,Having its Branch Office at No.5/328-E, Sowkath Ali St, (Opp. A.V.H.S.School), Paramakudi, Ramanathapuram Dt 623 707.2.United India Insurance Co LtdHaving its Divisional office at No.1171, Muthiah Complex, Mettur Road, Erode Dt 638 011.3.P.BalamuruganRespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec, 173 of Motor Vehicles Act, praying to set aside the Judgement and decree dated 07.12.2019 made in MCOP No.314 of 2018 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Judge, Erode.CROS.OBJ No. 14 of 2022PRAYER:- Cross Appeal filed under Order 41 Rule 22 of Civil Procedure Code, praying to set aside Judgment and Decree dated 07-12-2019 made in MCOP No.314 of 2018 on the file of the Motor Acccident Claims Tribunal / Special Subordinate Judge, Erode.2/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021CMA No. 2258 of 2021For Appellants:Mr. S.ArunkumarFor Respondents:Mr.M.Guruprasad For R1Cross Obj. No. 14 of 2022For Cross Objector :Mr. M.GuruprasadFor Respondents:Mr.S.Arun Kumar For R1 & R2JUDGEMENTChallenging the impugned award passed by the Motor Accident Claims Tribunal, Special Subordinate Judge, Erode, in MCOP No.314 of 2018, dated 07.12.2019, the appellants/2nd and 3rd respondents insurance company preferred this Civil Miscellaneous Appeal.2.The case of the 1st respondent/petitioner is that on 27.03.2018 at about 04.45 hours. when the petitioner was riding his two wheeler bearing Regn. No. TN-52 E-7480 in Paramathi to Tiruchengode Main Road, near Nallur Mariamman Kovil, Kabilarmalai privu road from east to west direction, at that time, the 1st respondent/3rd respondent drove the lorry bearing Regn. No. TN-69 3/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021D-8359 came in opposite direction in a rash and negligent manner and suddenly swerved towards right side, hit against his two wheeler and caused an accident. Due to which, he sustained grievous injuries, for which he underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.40,00,000/-.3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 2nd respondent herein. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.6,23,000/- under various heads and the said compensation was directed to be paid with interest at the rate of 7.5% per annum. 4.The 2nd and 3rd respondents Insurance Company aggrieved by the quantum of compensation fixed by the Tribunal has filed the present appeal before this Court.5. The learned counsel for appellant argues that at the time of alleged accident, there is a negligence on the part of injured, but it was not taken into 4/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021consideration by the tribunal and fixed entire liability upon the owner of lorry as such is illegal and liable to be set aside. 6. By way of reply, the learned counsel for 1st respondent argues that at the time of accident, the injured driven the two wheeler with care and caution, but the 2nd respondent lorry driver suddenly swerved towards right side, thereby the accident was happened. Hence, there is no negligence on part of injured/1st respondent. 7. Heard and considered rival submissions made by learned counsel for appellants as well as 1st respondent and perused the materials available on record. 8. Considering both side submissions and as per the F.I.R. allegations, the injured himself says that he has dashed against on the rear side of lorry, due to which, he fell down and sustained injuries. So, the accident was not happened as described by the tribunal as if both vehicle came in opposite direction and dashed each other. Therefore, the injured also contributed negligence. Hence, this Court is inclined to fix 25% of contributory negligence on the side of 1st respondent/petitioner. The accident was happened on the day or night, he would 5/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021have avoided, even assuming that the lorry suddenly swerved towards right side. Furthermore, the cross-objections filed by the 1st respondent/petitioner is also taken into consideration. The learned counsel for Cross Objector argues that the accident was happened in the year 2018, but the tribunal has fixed a sum of Rs.3000/- per percentage of disability and the same is to be enhanced. Considering his submissions, this Court is inclined to enhance the sum of Rs.3000/- awarded towards per percentage to Rs.7000/- per percentage of disability. On seeing the facts, he has undergone treatment as outpatient for some days in various hospitals. Hence, he was in need of more nourishment. Considering that, this Court is inclined to enhance the sum awarded towards extra nourishment from Rs.7,000/- to Rs.15,000/-. Considering the fact that during the treatment period, the petitioner required an attender, the attender charges is enhanced from Rs.7,000/- to Rs.15,000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.6/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 202110.Both the Civil Miscellaneous Appeal as well as Cross-Objections tried jointly and in the light of the above discussion, the compensation awarded by the tribunal is modified as follows:S.NoCompensation awarded under the headAmount awarded by the tribunal(in Rs.)Amount(in Rs.)Amount confirmed or granted or enhanced1.Loss of earning during the treatment period 72,00072,000confirmed2.Transport to hospital8,0008,000confirmed3.Extra nourishment7,00015,000enhanced4.Attender charges7,00015,000enhanced5.Future medical expenses35,00035,000confirmed6.Damages for cloths and articles2,0002,000confirmed7.Medical expenses2,59,0002,59,000confirmed8.Pain and sufferings80,00080,000confirmed9. Permanent disability (Rs.7000 x 51%)1,53,0003,57,000enhancedTotal6,23,0008,43,000Less : 25% of contributory negligence2,10,750Compensated awarded6,23,0006,32,250enhanced11.The compensation awarded by the tribunal at Rs.6,23,000/- is enhanced to Rs.6,32,250/-. The appellant respondent insurance company is directed to deposit the enhanced compensation, less the amount already 7/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of eight weeks from the date of receipt of copy of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.12. Accordingly, the Civil Miscellaneous Appeal filed by the insurance company in C.M.A.No.2258 of 2021 is disposed of and the Cross Objections filed by the injured petitioner in Cross.Obj No. 14 of 2022 is partly allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 07-07-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Judge, Erode.2. Section Officer, VR Section, Madras High Court. 8/9 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2021T.V.THAMILSELVI J.rppCMA No. 2258 of 2021AND CMP NO. 12513 OF 2021,CROS.OBJ NO. 14 OF 2022,CMP NO. 858 OF 202207-07-20259/9