National Insurance Company Ltd v. Dhanushkodi Athithan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019 and C.M.P.(MD).Nos.4512 to 4514 of 2019 C.M.A.(MD).No.363 of 2019:

National Insurance Company Limited ... Appellant/ 2nd Respondent 1.Dhanushkodi Athithan ... 1st Respondent /Petitioner 2.Madasamy ... 2nd Respondent/1st Respondent 3.Anusha Devi ... 3rd Respondent /3rd Respondent 4.Akilan ... 4th Respondent /4th Respondent

PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.207 of 2008 dated 06.01.2018, on the file of the Motor C.M.A.(MD).No.364 of 2019:

National Insurance Company Limited ... Appellant/ 2nd Respondent 1.Dhanushkodi Athithan 2.Dhanush Mageshi 3.Anusha Devi 4.Dhanesh Athithan 5.Madasmy ... Respondents PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.318 of 2008 dated 06.01.2018, on the file of the Motor

C.M.A.(MD).No.365 of 2019:

National Insurance Company Limited ... Appellant/ 2nd Respondent 1.Akilan 2.Madasamy 3.Anush Devi

...Respondents

PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.335 of 2008 dated 06.01.2018, on the file of the Motor C.M.A.(MD).No.479 of 2019:

Dhanushikodi Athithan ... Appellant 1.Madasamy 2.National Insurance Company Limited

3.Anush Devi 4.Akilan ... Respondents PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.207 of 2008 dated 06.01.2018, on the file of the Motor C.M.A.(MD).No.480 of 2019:

1.Dhanushikodi Athithan 2.Dhanusha Magesh 3.Anusha Devi 4.Dhansh Athithan ... Appellants 1.Madasamy 2.National Insurance Company Limited ... Respondents PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and Decreetal order made in M.C.O.P.No.318 of 2008 dated 06.01.2018, on the file of the Motor

C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019: For Appellant : Mr.Murali in C.M.A(MD).Nos.363 to 365/2019 : Mr.G.Prabhu Rajadurai in C.M.A(MD).Nos.479 & 480/2019 For Respondents : Mr.G.Prabhu Rajadurai for R1 to R4 in C.M.A.(MD).Nos.363 & 364/2019 : No appearance for R1 & R3 in C.M.A.(MD).No.365/2019 : Mr.J.S.Murali, for R2 in C.M.A.(MD).No.479 & 480/2019 COMMON ORDER [Judgment of the Court was made by DR.G.JAYACHANDRAN .J.] Since there is some arithmetical error while passing the judgment in the present civil miscellaneous appeals, the appeals are listed today under the caption 'for being mentioned'.

2.We find that at para No.20 of the judgment dated 28.10.2024, under the head 'loss of income during the treatment period', instead of Rs.35,80,002/- (Rupees Thirty Five Lakhs Eighty Thousand and Two

Rupees only), it has been wrongly typed as Rs.38,80,002/-. Therefore, the total, which should be Rs.1,57,67,002/- has been wrongly typed as Rs.1,60,67,002/- at para Nos.20, 22 and 23 of the order dated 28.10.2024. 3.This error has been pointed out by the learned counsel appearing for the Insurance Company and after notice, the learned counsel for the claimants also concedes with the same.

4.Hence, the Registry is directed to carry out necessary correction in the judgment dated 28.10.2024 and issue fresh order copy to the parties concerned at free of costs.

5.The insurance Company is directed to deposit the entire award amount as directed vide judgment dated 28.10.2024 within a period of three weeks from the date of receipt of a copy of this order. [G.J.J.,] [K.K.R.K.J.,] 19.01.2026 Index :Yes/No Internet :Yes/No ta Note: Issue order copy on 21.01.2026.

To 1.The I Additional District and Sessions Judge, Motor Accident Claims Tribunal, Tirunelveli. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN.J., and K.K. RAMAKRISHNAN.J., ta C.M.A(MD)Nos.363 to 365, 479 and 480 of 2019 19.01.2026