C.M.A(MD)No.610 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on

: 19.12.2022

Pronounced on

: 03.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI

C.M.A(MD)No.610 of 2020

and

Cros.Obj(MD)No.35 of 2022

M/s. National Insurance Co.Ltd.,

Through its Branch Manager,

Trichy.

... Appellant / Respondent No.2

Vs.

1.Rukumani

2.Minor Sivanraj

3.Minor Varatharaj

... Respondent Nos.1 to 3/

Petitioners

4.Gopalakrishnan

...Respondent No.4/Respondent No.1

(Respondent Nos.2 & 3 represented by their mother and guardian/

respondent No.1)

PRAYER :-

This Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, against the judgment and decree, dated 29.11.2019 made

in M.C.O.P.No.502 of 2019 on the file of the Motor Accidents Claims

Tribunal/Mahila Court, Pudukkottai.

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C.M.A(MD)No.610 of 2020

For Appellant

: Ms.P.Malini

For R1 - R3

: Mr.B.Sekar

PRAYER in Cros.Obj(MD)No.35 of 2022

1.Rukumani

2.Minor Sivanraj

3.Minor Varatharaj

... Cross Appellants /

Respondent Nos.1 to 3

(Minor Cross Appellant Nos.2 &3 are represented through their natural

Guardian/Mother 1^st Cross Appellant)

Vs.

1.M/s.National Insurance Company Limited,

Through its Branch Manager,

Trichy.

...1st respondent / Appellant

2.Gopalakrishnan

... 2nd Respondent /Respondent No.4

PRAYER:

This Cross Objection is filed under Order 41 Rule 22 of IPC to enhance

the award amount to Rs.14,18,064/- (Rupees Fourteen Lakhs Eighteen

Thousand and Sixty Four only) by allowing this Cross Appeal.

For Appellants

: Mr.B.Sekar

For R1

: Ms.P.Malini

For R2

: No appearance

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C.M.A(MD)No.610 of 2020

JUDGMENT

This Civil Miscellaneous Appeal is filed against the order made in

M.C.O.P.No.502 of 2019, dated 29.11.2019 on the file of the Motor Accident

Claims Tribunal/Mahila Court, Pudukkottai. The appellant is the second

respondent, respondents 1 to 3 herein are the claimants and the fourth

respondent herein is the first respondent in the original claim petition.

2.Brief substance of the claim petition is as follows:

On 15.10.2018 when the deceased was travelling in a two wheeler

bearing registration No.TN-55-AE-0156, a EECO Maruthi car bearing

registration No.81-X-8226 driven by the first respondent came in a rash and

negligent manner and dashed against the TVS Star City vehicle and thereafter

dashed against the two wheeler driven by the deceased and then dashed

against the center median. The deceased died on the spot. The deceased was

aged about 36 years and was working as a JCB operator and was earning

Rs.20,000/- per month. The Petitioners are his dependants and they claimed a

sum of Rs.50,00,000/- as compensation.

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C.M.A(MD)No.610 of 2020

3.Brief substance of the counter filed by the second respondent is as

follows:

The manner of accident is not admitted. The first respondent was not

rash and negligent in driving the vehicle. The driver of the first respondent

drove the vehicle in a moderate speed in a careful manner observing the road

rules. It was the rider of the two wheeler bearing registration No.TN-55-

AE-0156, who had no driving license and he did not follow the road rules.

There is contributory negligence on the part of the rider of the two wheeler

who was rash and negligent. The age, avocation, income all are denied. The

amount claimed by the petitioners is excessive.

4.Two witnesses (2) were examined and ten (10) documents were

marked on the side of the petitioners. No witness was examined and no

document was marked on the side of the respondents. The Tribunal has

awarded Rs.23,16,000/- as compensation, to be paid by the respondents.

5.Against the order, the appellant has preferred this appeal on the

following grounds:

The Tribunal is wrong in fixing the notional income of the deceased at

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