BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.M.A.(MD)No.1005 of 2024 &

C.M.P.(MD)No.10436 of 2024 Divisional Manager, United India Insurance Company Limited, 254, Goods Shed Street, Madurai - 625 001. ...Appellant vs.

Sampath (died)

1.Geetha Natchiyar Sri Varamangai (died)

2.Sathyanarayanan

3.Syed Sulaiman ... Respondents (Amended as per order in I.A.No.387/22 dated 21.03.2022)

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act to set aside the Judgement dated 14.07.2023 passed in M.C.O.P.No.76 of 2019 on the file of the Special Sub Court (Motor Accidents Claims Tribunal), Madurai.

For Appellant : Mr.I.Suthakaran For Respondents : Mr.V.Sakthivel JUDGMENT (Judgment of the Court was delivered by P.VELMURUGAN, J.)

The appellant is the United India Insurance Company Limited.

Initially, one Sampath, filed a claim petition before the Special Sub Court (Motor Accidents Claims Tribunal), Madurai in M.C.O.P.No.76 of 2019 seeking compensation of Rs.20,00,000/- for the injuries sustained by him in a road accident that took place on 27.02.2018. Pending claim petition, Sampath died on 29.09.2019. Therefore, the legal representatives of the deceased Sampath impleaded themselves and prosecuted the claim petition. After enquiry, the Tribunal passed an award of Rs.63,32,800/- together with interest at the rate of 7.5% per annum. Challenging the said order, the appellant has filed the present appeal.

2. The brief facts of the case of the respondents / claimants is as follows:

2.1. On 27.02.2018, at about 09.10 pm, the deceased Sampath who went to Madurai on Official Duty, went to Archana Hotel for dinner on T.B.Road and when he was crossing the T.B.Road in front of Western Park Hotel from north to south by walk, an auto bearing Registration No.TN 64 A 4288 belonging to the third respondent herein driven by its driver in a rash and negligent manner hit him. Due to the accident, Sampath sustained multiple injuries and got admitted in Velammal Hospital, Madurai for treatment from 28.02.2018 to 03.05.2018, 03.05.2018 to 20.05.2018 and 23.06.2018 to 29.06.2018 as an inpatient. Thereafter, though he was discharged from the Hospital, as per the advise of the Doctor, he was taking treatment as an outpatient till the date of filing the claim petition. There was some improvement in his health condition, but, he was not completely cured. Due to the accidental injuries, despite giving the best treatment, he was in coma (vegetative status) from the date of accident till discharge. During his lifetime, he filed the claim petition through his son since he was in coma stage. Pending claim petition, he died on 29.02.2019 leaving behind his wife, son and daughter as legal representatives. Subsequent to his death, the legal representatives impleaded themselves as dependents and prosecuted the claim petition. After enquiry, the Tribunal awarded a sum of Rs. 63,32,800/- together with interest at the rate of 7.5% per annum. Now, the Insurance Company has filed the present appeal challenging the award passed by the Tribunal.

3. The case of the appellant is that they denied the accident and the manner of the accident before the Tribunal. According to them, the accident occurred only due to the negligence on the part of the deceased Sampath since he suddenly crossed the road without any caution and invited the accident. The deceased during his lifetime has filed the claim petition claiming compensation for the injuries sustained by him in the road accident. Pending the claim petition, he died. Therefore, the claim petition ought to have been tried as an injury case and not as a fatal case. The subsequent claimants are not the dependents of the deceased and the claim is also on the higher side.

4. Before the Tribunal, the Insurance Company filed their counter.

On the side of the claimants, five witnesses were examined as PW1 to PW5 and 2