BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 10.06.2024 Pronounced on : 24.06.2024 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.M.A(MD)No.119 of 2020 and Cros.Obj(MD) No.12 of 2024 and CMP(MD).No.2266 of 2020 C.M.A(MD) No.119 of 2020:

M/s.United India Insurance Co.,Ltd., Through its Divisional Manager West Veli Veethi Maduria-1 Madurai District ... Appellant/ 3^rd Respondent -vs-

1.A.Vasanthi

2.Yogalakshmi

3.Vaijeyanthi ....Respondents/Claimants

4.M/s.Tamil Nadu State Transport Corporation Through its Managing Director By-Pass Road Madurai Madurai District ...Respondent/1^st Respondent 5.V.Manivasagam ...Respondent/2^nd Respondent

1.A.Vasanthi

2.A.Yogalakshmi

3.A.Vaijeyenthi ....Cross Objectors/1 to 3 respondents Vs

1.United India Insurance Company Ltd., Through its Divisional Manager West Veli Street, Madurai 625 001 Madurai District ... Respondent/ Appellant

2.Tamil Nadu State Transport Corporation (Madurai) Ltd., By its Managing Director Madurai 625 010 ...2^nd Respondent/4^th Respondent 3.V.Manivasagam ...3^rd Respondent/5^th Respondent (Set exparte in trial Court)

Prayer in CMA: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the fair and decreetal order dated 20.08.2019 made in MCOP.No.368 of 2009 on the file of the Motor Accident Claims Tribunal (District and Sessions Communal Clash Court), Madurai.

Prayer in Cross Objection: Cross Appeal filed under Order 41 Rule 22 of Civil Procedure Code, to enhance the award amount as just compensation, along with interest at 18% per annum from the date of main claim petition to till the date of deposit with cost.

C.M.A.

For Appellant : Mr.B.Rajesh Saravanan For R1 to R3 : Mr.S.Mukesh For Mr.Selvakumar For R4 : Mr.K.Sudalayandi Cross Objection For Cross Appellant : Mr.S.Mukesh For Mr.Selvakumar For R1 : Mr.B.Rajesh Saravanan For R2 : Mr.K.Sudalayandi

C O M M O N J U D G M E N T

The instant appeal has been by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal/ District and Sessions Communal Clash Court, Madurai primarily on the ground of fixing of negligence.

(A)Factual Matrix:

2.The deceased was working as a conductor in the first respondent transport corporation. When the bus was travelling from Palani to Trichy on 30.04.2008 at about 11.30 p.m, the driver of the bus drove the same in a rash and negligent manner and dashed against the lorry. The claimants had further contended that the lorry was parked in a negligent manner in the middle of the road without any parking light or any red-flag on the rear side of the lorry. In the said accident, the Conductor had passed away. He was aged about 48 years and drawing a monthly income of Rs.60,000/-. Hence, the claimants have claimed a compensation of Rs.25/- lakhs.

3.The Transport Corporation had filed a counter contending that the tipper lorry was parked in the middle of the National Highways Road without any signal. They had further contended that an unknown vehicle coming from the opposite direction was blinking high density of light and therefore, the driver of the bus could not properly locate the road. Only after closely reaching the parked lorry, he could see the lorry and when an attempt was made to apply brake, the bus had dashed against the rear side of the lorry. Therefore, the accident had taken place only due to the negligence on the part of the unknown vehicle coming from the opposite direction and the driver of the lorry who had parked the vehicle on the middle of the road for carrying out certain repairs.

4.The third respondent who is the insurer of the lorry had filed a counter contending that the accident had taken solely due to the rash and negligent driving on the part of the driver of the bus. According to the insurer, the lorry had developed a puncture on the left rear tyre and it was parked on the extreme left side of the road near the entrance of a Private Engineering College. According to them, the area is well illuminated and the driver has also