The Manager v. Kanniammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.No.1852 of 2025 and C.M.P.No.16208 of 2025 The Manager Oriental Insurance Co. Ltd., Third party Claims Cell, No.115, Prakasam Road, Broadway, Chennai - 600 001 ... Appellant Vs.

1. Kanniammal

2. S.Senthil

3. C. Jayanthi

4. Rani ... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 19.12.2024 made in M.C.O.P.No.7805 of 2014 on the file of the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai. For Appellants : Mr.D.Bhaskaran For Respondent-1 : Mr.V. Tamil Amudhu

JUDGMENT

The appellant has filed this appeal against the award and decree dated 19.12.2024 made in M.C.O.P.No.7805 of 2014 on the file of the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai.

2. The brief facts of the case is as follows: On 20.09.2013 at about 21.30 hours when the deceased was riding the pulsar motorcycle bearing Reg.No.TN-19-F-4573 from east to west direction, at that time a motorcycle bearing Reg.No.Tn-09-A-3170 driven by its driver in a rash and negligent manner and dashed against the deceased's motor cycle. Due to that the deceased sustained fatal injuries and died on the spot. Hence, the legal heirs of the deceased filed a claim petitioner before the Tribunal seeking compensation. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.15,43,000/- as compensation, directed the appellant to pay the said amount to the legal heirs of the deceased/first and third respondents herein along with interest at the rate of 7.5% per annum from the date of petition.

3. Challenging the quantum of compensation awarded by the Tribunal, the appellant/Insurance Company has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

4. The learned counsel for the appellant submitted that in the connected M.C.O.P.No.205 of 2014 the Tribunal has fixed contributory negligence on the part of the deceased/Chandrasekar. As the negligence is also fixed on the part of the deceased, prays this Court to fix only 50 % liability towards the appellant/Insurance by allowing this petition.

5. On the other hand, the learned counsel appearing for the respondents contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.

6. Heard both sides and perused the materials on record.

7. On an analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.14,25,000/- under the head loss of

dependency; Rs.80,000/- under the head Loss of Consortium; Rs.15,000/- each under the head for loss of estate and funeral expenses and Rs.5,000/- towards Transport charges. Thus the total compensation is arrived at Rs.15,43,000/-.

8. Considering the facts of the case, this Court is of the view that the findings rendered by the Tribunal in the connected MCOP. No.205 of 2014 with regard to the contributory negligence aspect is perfectly valid and the same can be applied to this case. Accordingly this Court directs the second respondent to pay the modified amount of Rs.7,71,500/- (after deducting the amount already deposited), together 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.7805 of 2014 on the file of the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai. within a period of eight weeks from the date of receipt or uploading of a copy of this order. On such deposit being the claimants are at liberty to withdraw the same after following due process of law.

9. With the above observations, this Civil Miscellaneous Petition stands disposed of. No costs. Consequently the connected miscellaneous

petition is closed.

25.08.2025 Index:Yes/No Speaking/non Speaking order Neutral Case citation: yes/no smn T.V.THAMILSELVI , J.

smn

To

1. The the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai.

2. The Section Officer, V.R. Section, High Court of Madras. C.M.A.No.1852 of 2025 and C.M.P.No.16208 of 2025 25.08.2025 (3/3)