High Court · 2025

CMA No. 1351 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12-06-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1351 of 2025,Cross Objection No.44 of 2025 and CMP.No.11499 of 2025CMA No. 1351 of 20251. Reliance Gen.Ins.Co.LtdReliance Tower, No.6, Haddows Road, Nungambakkm, Chennai-600 006Appellant(s)Vs1. Adapakala Jansi LaxmibhaiW/o. Adapakala Bhaskara Rao, Residing at Plot No.50, 2nd Street, judges Colony, Rajesh Garden, Noombal, Chennai-600 0772.Adapakala Sarmila(Minor)D/o. late Adapakala Bhaskara Rao, Minor Rep by the Adapakala jansi laxmibhai,Residing at Plot No.50, 2nd Street, judges Colony, Rajesh Garden, Noombal, Chennai-600 077 https://www.mhc.tn.gov.in/judis CMA No. 1351 of 20253.Adapakala Eshita (Minor)Minor Rep by the Adapakala jansi laxmibhai, Residing at Plot No.50, 2nd Street, judges Colony, Rajesh Garden, Noombal, Chennai-600 0774.Adapakala NeelaveniW/o. Adapakala Trianadha Rao, Residing at Plot No.50, 2nd Street, judges Colony, Rajesh Garden, Noombal, Chennai-600 0775.Adapakala Trinadha Rao,S/o. Late Varahalu, Residing at Plot No.50, 2nd Street, judges Colony, Rajesh Garden, Noombal, Chennai-600 0776.M RameshNo.2/164, Avadi Road, Senneerkuppam, Chennai-600 056Respondent(s)Cross Objection No.44 of 2025:1. Adapakala Jansi LaxmibhaiW/o. Adapakala Bhaskara Rao, 2.Adapakala Sarmila(Minor)D/o. late Adapakala Bhaskara Rao, 3.Adapakala Eshita (Minor)D/o. late Adapakala Bhaskara Rao, Minors are Rep by their mother & next friend Mrs.Adapakala jansi laxmibhai. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 20254.Adapakala NeelaveniW/o. Adapakala Trianadha Rao, 5.Adapakala Trinadha Rao,S/o. Late Varahalu, ....Cross ObjectorsVs1. Reliance Gen.Ins.Co.LtdReliance Tower, No.6, Haddows Road, Nungambakkm, Chennai-600 0062.M.RameshNo.2/164, Avadi Road,Senneerkuppam, Chennai-56.....RespondentsPRAYER in CMA.NO.1351 of 2025:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the judgement and decree dated 06-08-2024 made in MCOP.No.2597/2021 on the file of the MACT(Chief Court of Small Causes) at Chennai.PRAYER in Cross Objection No.44 of 2025 Cross Objection filed under Section 41 Rule 22 of Code of Civil Procedure, praying to enhance the compensation amount and fix the entire liability on the 1st respondent awarded in the Judgement and decree dated 06.08.2024 made in MCOP.No.2597 of 2021 on the file of the MACT, Chief Judge, Court of Small Causes, Chennai, by allowing this Cross appeal in CMA.No.1351 of 2025 on the file of this Hon'ble Court. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 2025For Appellant(s) in :CMA No. 1351/ 2025 M/s.R.Sree VidhyaFor Respondent(s) in :CMA No. 1351/ 2025 Mr.S.P. YUARAJ FOR R1 TO R5 For Appellant(s) in :Cross.Obj. No. 44/ 2025 Mr.S.P.YuarajFor Respondent(s) in :Cross.Obj. No. 44/ 2025 M/s.R.Sree Vidhya for R1JUDGEMENTThe appellant / insurance company has filed this appeal to set aside the judgement and decree dated 06.08.2024 made in MCOP.No.2597/2021 on the file of the MACT(Chief Court of Small Causes) at Chennai.2. The brief facts of the case are as follows: The 1st respondent herein is the wife, respondents 2 and 3 are the daughters, and respondents 4 and 5 are the parents of the deceased, Adapakala Bhaskararao. The respondents / petitioners claimed that on 11.05.2021 at about 12:00 hours, while the deceased was riding a motorcycle bearing Registration No. TN 22 CW 4421 along with a pillion rider on Kumananchavadi–Saveetha Dental Hospital Road, in front of Essar Petrol Bunk, a van bearing Registration No. TN 12 AM 4151, driven in a rash https://www.mhc.tn.gov.in/judis CMA No. 1351 of 2025and negligent manner, hit the motorcycle. Due to the impact, the deceased fell on the road and sustained severe head injuries and multiple grievous injuries. He was immediately taken to A.C.S Hospital, where he succumbed to the injuries on the same day. At the time of the accident, the deceased was aged 40 years and was working as an agriculturist and mason, earning Rs.30,000/- per month. The 1st respondent is the owner, and the 2nd respondent is the insurer of the van bearing Registration No. TN 12 AM 4151. Both are liable to pay the compensation.3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.26,66,700/- as compensation, directing the 2nd respondent to pay the said amount to the appellant along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.4. Challenging the award passed by the Tribunal, the Insurance Company has preferred this appeal. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 20255. The learned counsel for the appellant /Insurance company submitted that the deceased, at the time of the accident, was not wearing a helmet and did not possess a valid driving licence. Therefore, the accident occurred due to his own negligence. However, the Tribunal erroneously fixed only 10% contributory negligence on the part of the deceased.6. In response, the learned counsel for the claimants submitted that the Tribunal, after considering all facts and circumstances, rightly fixed the contributory negligence at 10%, which requires no interference.7. Upon considering the fact that the deceased was not wearing a helmet and did not possess a valid driving licence at the time of the accident, this Court is of the opinion that contributory negligence should be fixed at 15% on the part of the deceased.8. Accordingly, this Civil Miscellaneous Appeal is partly allowed to the extent of modifying the contributory negligence from 10% to 15%. There shall be no order as to costs. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 20259. The cross-objection filed by the claimants, to enhance the compensation amount made in MCOP.No.2597 of 202, on the file of Motor Accident Claims Tribunal, Chief Judge, Court of small Causes, Chennai, dated 06.08.2024, is also to be considered.10. The learned counsel for the cross-objectors / claimants submitted that the accident occurred in the year 2021. However, the Tribunal, without taking into account the cost of living prevailing in 2021, fixed a monthly income of only Rs.16,000/-, which is on the lower side. Therefore, he prayed for enhancement of the award amount.11. Admittedly, the accident took place in the year 2021. Considering the cost of living, even assuming a daily wage of Rs.600, the monthly income would come to Rs.600 × 30 = Rs.18,000/-. Therefore, the monthly income is fixed at Rs.18,000/-. In addition, future prospects are added at 25%, and 1/4th deduction is applied towards personal expenses. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 202512. Calculation:•Notional Income: Rs. 18,000/-•25% Future Prospects: Rs. 18,000 + 4,500 = Rs. 22,500/-•After 1/4 Deduction : Rs. 22,500 - 5625 = Rs. 16,875/- Loss of Dependency: Rs. 16,875 × 12 × 15 = Rs. 30,37,500/-13. The following table sets out the amounts awarded by the Tribunal and the revised amounts awarded by this Court:Sl. NoHeadsAmount (in Rs.) awarded by the TribunalAmount (in Rs.) awarded by the High Court1.Loss of DependencyRs. 27,00,000Rs.30,37,5002.Funeral expensesRs. 16,500Rs. 16,5003.Loss of EstateRs. 16,500Rs. 16,5004.Loss of ConsortiumRs. 2,20,000Rs. 2,20,0005.Transportation ChargesRs.10,000Rs.10,000TotalRs. 29,63,000Rs.33,00,500Less contributory negligence of the award amount.Rs,2,96,300 (10%)Rs.4,95,075 (15%)TotalRs.26,66,700Rs.28,05,425Thus, the compensation awarded by the Tribunal is revised from Rs.26,66,700/- to Rs.28,05,425/-, which shall carry interest at the rate of 7.5% per annum. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 202514. In the result:i. The Cross Objection filed by the claimants is partly allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.ii. The compensation awarded by the Tribunal is enhanced from Rs.26,66,700/- to Rs.28,05,425/-.iii. The appellant is directed to pay the revised compensation amount of Rs.28,05,425/ (after deducting any amount already deposited), along with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.C.O.P. No.2597 of 2021 on the file of the Motor Accident Claims Tribunal / Chief Court of Small Causes, Chennai, within a period of eight weeks from the date of receipt or uploading of a copy of this order. iv. On such deposit being made by the appellant, the claimants are at liberty to withdraw the same as per the apportionment made by the Tribunal, after following due process of law. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 2025v. The claimants are not entitled to claim interest for the period of delay, if any, in filing this appeal.12-06-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Norri https://www.mhc.tn.gov.in/judis CMA No. 1351 of 2025To1.The Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai. 2. The Reliance Gen.Ins.Co.LtdReliance Tower, No.6, Haddows Road, Nungambakkm, Chennai-600 006.3.The Section Officer, VR Section,High Court of Madras. https://www.mhc.tn.gov.in/judis CMA No. 1351 of 2025T.V.THAMILSELVI J.rriCMA No. 1351 of 2025,Cross Objection No.44 of 2025 and CMP.No.11499 of 2025 12.06.2025