IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06.11.2023 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.M.A.No.642 of 2018 and C.M.P.Nos.5776 and 15202 of 2018 ---

The Divisional Manager, New India Assurance Company Ltd., Vellore. .. Appellant Vs.

1. J.Ambiga

2. J.Rajasekar

3. Minor J.Poornima

4. Minor J.Dhanasekar (3rd and 4th respondents are rep. by mother/guardian Ambiga, 1st respondent)

5. V.Kamalammal

6. P.Ravikumar .. Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree dated 29.04.2017 in M.C.O.P.No.560 of 2015 on the file of the Motor Accidents Claims Tribunal (I Additional District and Sessions Court), Vellore District. For appellant : Mr.J.Chandran For respondents: Mr.C.Prabakaran for RR-1 to 5 Notice dispensed with for R-6 JUDGMENT This Civil Miscellaneous Appeal is filed by the Insurance Company challenging the Award dated 29.04.2017 passed in M.C.O.P.No.560 of 2015 on the file of the Motor Accidents Claims Tribunal (I Additional District and Sessions Court), Vellore.

2. The respondents 1 to 5 are the legal representatives/dependants of the deceased V.Janarthanan and they have filed claim petition in the said M.C.O.P. claiming compensation for the death of the deceased. While travelling in a Mini Bus bearing Registration No.TN-67-AC-7449 owned by the sixth respondent, the driver of the said bus drove it in a rash and negligent manner without following the road traffic Rules, and hit behind the lorry bearing Registration No.TN-48-W- 3355 which was coming on the same direction and due to the accident, the deceased sustained grievous injuries on the right side of the head and sustained injuries all over the body; immediately he was taken to the Government Hospital, Perambalur, where he was given first-aid and thereafter he was shifted to Narayani Hospital, Ariyur, Vellore-58 for further treatment. Despite best treatment, the deceased died on 17.03.2015. A case was also registered against the driver of the said mini-bus in which the deceased was travelling and the said mini-bus dashed behind the lorry. Hence, the claimants have filed the claim petition, in which the Tribunal awarded a sum of Rs.12,37,000/-. Challenging the liability and also the quantum, the Insurance Company has filed the present appeal before whom the sixth respondent's bus was insured, and therefore, they have filed the present appeal.

3. Learned counsel for the appellant/Insurance Company submitted that the Tribunal has awarded compensation in a sum of Rs.12,37,000/- which is highly excessive, exorbitant and unsustainable in law. He further submitted that the alleged accident was said to have taken place on 07.01.2015, whereas the deceased died on 17.03.2015, after 60 days. The post-mortem was not conducted on the body of the deceased and in the absence of the post-mortem certificate, the Tribunal erroneously held that the death of the deceased was due to accidental injuries. Actually, there is no nexus for the cause of the death of the deceased with the accidental injuries. The Police registered a case in Crime No.16 of 2015 for the offences under Section 279 and 337 IPC. Even after the death also, the said Section of the offences had not been altered as the one under Section 304-A IPC, and therefore, it clearly shows that the death was not due to accidental injuries. If at all the death had occurred only due to the accidental injuries, the case would have been registered/altered under Section

304-A IPC and though initially, a case was registered under Sections 279 and 337 IPC, even after the death of the deceased, the Section of the offences was not altered, which clearly proved that the death was not due to accidental injuries. Though the claim petition was filed, initially, soon after the accident, the deceased was admitted in the Government Hospital, Perambalur, and thereafter at Sri Narayanai Hospital, Vellore, and they did not whisper anything about the treatment given by P.W