2024:MHC:1699 IN THE HIGH COURT OF JUDICATURE AT MADRAS JUDGMENT RESERVED ON: 22 / 03 / 2024 JUDGMENT DELIVERED ON: 08 / 04 / 2024 CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMA NO.3241 OF 2021 AND CMP NO.18454 OF 2021 IN CMA NO.3241 OF 2021 AND CROS.OBJ.NO.15 OF 2023 CMA NO.3241 OF 2021 M/s.The IFFCO-TOKIO General Insurance Company Limited No.43/3, First Floor, 100 Feet Road, Mudaliarpet, Pondicheri – 605 004. ... Appellant II Respondent Vs.

1.U.Murukaiah ... I Respondent /

Petitioner

2.S.R.Kuppusamy ... II Respondent /

I Respondent PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Final Award dated 28^th April, 2021, passed in MCOP.No.874 of 2016 by the Motor Accidents Claims Tribunal (Special Subordinate Court) Cuddalore.

For Appellant : Mr.J.Michael Visuvasam For Respondent-1 : Mr.A.G.F.Terry Chella Raja For Respondent-2 : No appearance CROS.OBJ.NO.15 OF 2023 U.Murukaiah ... Cross Appellant /

1^st Respondent Vs.

1.M/s.The IFFCO-TOKIO General Insurance Company Limited No.43/3, First Floor, 100 Feet Road, Mudaliarpet, Pondicherry – 605 004. ... 1^st Respondent/

Appellant

2.Kuppusamy ... 2^nd Respondent /

2^nd Respondent PRAYER : Cross Objections filed under Order 41 Rule 22 of Code of Civil Procedure, against the Award dated 28^th April, 2021, passed in MCOP.No.874 of 2016 by the Motor Accident Claims Tribunal (Special Subordinate Court) Cuddalore.

For Cross Appellant : Mr.A.G.F.Terry Chella Raja For Respondent-1 : Mr.J.Michael Visuvasam For Respondent-2 : No appearance

COMMON JUDGMENT

R.SAKTHIVEL, J.

This Civil Miscellaneous Appeal and Cross Objections are at the instance of the insurance company / 2^nd respondent and the petitioner respectively. In both, the challenge is to the Award of the Motor Accidents Claims Tribunal, Special Subordinate Court, Cuddalore, made in MCOP No.874 of 2016 dated April 28^th, 2021.

2.For the sake of convenience, henceforth, the parties will be referred to as per their array in the original petition.

Petitioner’s Case

3.According to the petitioner, on July 13^th, 2014 at around

12.00 noon, he was riding his motorcycle bearing Registration No.TN-31-AT-0194 on the left most side on the Jahir Ussain Road at Neyveli. While so, the first respondent's vehicle bearing Registration No.TN-31-AP-9813, traveling in the same direction at a very high speed in a rash and negligent manner, collided with the petitioner’s motorcycle. As a result of the impact, the petitioner was thrown out of his motorcycle, sustained grievous injuries and multiple fractures all over his body and head. Immediately, the petitioner was rushed to Government NLC Hospital, Neyveli and then transferred to MIOT Hospital, Chennai and then to Bone and Joint Clinic, Virudhachalam and then to Abirami Hospital, Cuddalore for advanced treatment. The petitioner was aged 49 years at the time of accident. The petitioner attributes negligence on the part of the rider of the motorcycle bearing Registration No.TN-31-AP- 9813, and contends that the same is the cause of the accident. Further contends that, the petitioner as Executive Engineer at Neyveli Lignite Corporation Limited (NLC), Neyveli was earning Rs.97,711/- per month; that he became permanently disabled due to the accident. He not able to work and earn as he used to; that he lost his scope for promotion; that he was transferred from production unit to service unit and thus he was deprived of all allowances meant for production unit; that the NLC settled major part of the medical bills on recovery basis; and that his wife, who was employed as a teacher, had to resign to look after him. On account of the above reasons, the petitioner sought for compensation of Rs.75,00,000/- (Rupees Seventy Five Lakhs Only).

First Respondent’s Case

4.First Respondent denied the accident and contended that the rider of his vehicle had a valid license and that if at all any claim is allowed, it has to be against the second respondent as