Kaleeswari, v. Prabhavathy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CMA(MD)Nos.562 of 2020, 167 of 2021 and 487 & 488 of 2022 and CMP(MD)No.4255 and 4258 of 2022 CMA(MD)No.562 of 2020 :
1. Kaleeswari Samikalai (died)
2. Satheesh Kumar
3. Jegamalai ... Appellants
1. Prabhavathy
2. The Manager, Future General India Insurance Company Ltd., 1st, 2nd, 3rd floor 55(27) Vijay Raghava Road, T.Nagar, Chennai-600 017.
173 of the Motor Vehicles Act, 1988, to enhance the award amount passed in M.A.C.O.P.No.837 of 2013 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dindigul, dated 09.02.2019 Page No.1 of 8
by allowing this appeal.
For Appellants : Mr.A.Saravanan For R2 : Ms.K.R.Shiva Shankari CMA(MD)No.167 of 2021 :
1. Dhanalakshmi
2. Manoharan ... Appellants
1. Prabhavathy
2. The Manager, Future General India Insurance Company Ltd., 1st, 2nd, 3rd floor 55(27) Vijay Raghava Road, T.Nagar, Chennai-600 017.
173 of the Motor Vehicles Act, 1988, to enhance the award amount passed in M.A.C.O.P.No.728 of 2013 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dindigul, dated 09.02.2019 by allowing this appeal.
For Appellants : Mr.A.Saravanan For R2 : Ms.K.R.Shiva Shankari Page No.2 of 8
CMA(MD)No.487 of 2022:
The Manager, Future General India Insurance Company Ltd., 1st, 2nd and 3rd Floor, Plot No.55 (Old Plot No.27) Vinaya Raghava Road, T.Nagar, Chennai-600 017.
... Appellant
1. Dhanalakshmi
2. Manoharan
3. Prabhavathy 173 of the Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 09.02.2019 made in MCOP.No.728 of 2013 on the file of Motor Accident Claims Tribunal (Additional District Judge), Dindigul and allow this civil miscellaneous appeal.
For Appellants : Ms.K.R.Shiva Shankari For R1 & R2 : Mr.A.Saravanan CMA(MD)No.488 of 2022:
The Manager, Future General India Insurance Company Ltd., 1st, 2nd and 3rd Floor, Plot No.55 (Old Plot No.27) Vinaya Raghava Road, T.Nagar, Chennai-600 017.
... Appellant Page No.3 of 8
1. Kaleeswari Samikalai (died)
2. Satheesh Kumar
3. Jegamalai
4. Prabhavathy 173 of the Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 09.02.2019 made in MCOP.No.837 of 2013 on the file of Motor Accident Claims Tribunal (Additional District Judge), Dindigul and allow this civil miscellaneous appeal.
For Appellants : Ms.K.R.Shiva Shankari For R1 to R3 : Mr.A.Saravanan C O M M O N J U D G M E N T (Judgment of the Court was made by P.VELMURUAN, J.) Seeking to set aside the fair and decreetal order dated 09.02.2019 made in MCOP.Nos.728 and 837 of 2013 on the file of Motor Accident Claims Tribunal (Additional District Judge), Dindigul, the Page No.4 of 8
insurance company has filed CMA(MD)Nos.487 and 488 of 2022. Seeking to enhance the compensation awarded by the Tribunal, the claimants in MCOP.Nos.728 and 837 of 2013 have filed CMA(MD)Nos. 562 of 2020 and 167 of 2021.
2.
The learned counsel for the insurance company would submit that one Ramesh filed a claim petition in MCOP.No.804 of 2013 before the Motor Accidents Claims Tribunal / Chief Judicial Magistrate Court, Perambalur, against the driver of the Car bearing registration No.TN-10-Q-5085 involved in the very same accident and also its insurance company, where the Tribunal by order dated 09.11.2018, held that the accident occurred due to contributory negligence and fixed 50% of negligence on the driver of the Car. Thus the learned counsel would submit that in these cases also, the negligence is to be fixed as 50 : 50. 3.
On a reading of the copy of the award produced by the learned counsel for the appellant in MCOP.No.804 dated 09.11.2018 shows that neither the claimants nor the insurance company of the Lorry were impleaded as party in the said MCOP. However, the insurance Page No.5 of 8
company filed an impleading petition in the said MCOP and the same came to be dismissed and subsequently the award dated 09.11.2018 was passed in MCOP.No.804 of 2020. There cannot be two views regarding fixation of liability for the very same accident. Since both the insurance company of the Lorry and the claimants were not added as parties in the MCOP.No.804/2013, the decision rendered in the said MCOP will not bind them.
4.
Thus, in the interest of justice and in order to avoid conflicting decisions and also to give opportunity to the parties to agitate the matter before the Tribunal, the fair and decreetal order passed in MCOP.Nos.728 and 837 of 2013 dated 09.02.2019 is set aside and the matter is remitted to the Tribunal to decide the matter afresh after impleading the parties mentioned in MCOP.No.804 of 2013. The Tribunal shall dispose of the claim petitions in MCOP.Nos.728 and 837 of 2013 within a period of six months from the date of receipt of a copy of this judgment.
Page No.6 of 8
5.
With the above direction, all the Civil Miscellaneous Appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
[P.V, J.] [L.V.G, J.] 06.11.2025 Index : Yes / No : Yes / No bala To The Judge, Motor Accident Claims Tribunal/ Chief Judicial Magistrate Court, Madurai.
Page No.7 of 8
P.VELMURUGAN , J.
AND L.VICTORIA GOWRI , J.
bala COMMON JUDGMENT MADE IN CMA(MD)Nos.562 of 2020, 167 of 2021 and 487 & 488 of 2022 DATED : 06.11.2025 Page No.8 of 8