Back
2025 Supreme(Online)(Mad) 54729
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
The Divisional Manager The New India Assurance Co Ltd – Appellant
Versus
J.Palani – Respondent
CMA No. 917 of 2023 | CMP NO. 8461 OF 2023
For the Appellants/Petitioners: M.Krishnamoorthy
For the Respondents: M/s. S.C. Vishwanth
Court upheld the principle of contributory negligence, fixing 10% on the deceased's part due to non-compliance with safety regulations.
Headnote:This judgment evaluates the appeal against the tribunal's award of compensation under MCOP No.1924 of 2019. It examines the circumstances of the accident, wherein the deceased, without a helmet, was found partially negligent under Section 129 of the Motor Vehicle Act. The court determined a 10% contributory negligence, reducing the original award accordingly. The court affirms the compensation heads as previously determined costing Rs.31,88,000, leading to a final entitlement of Rs.28,69,200 due to the contributory negligence factor. Ultimately, the appeal is partly allowed.
| Table of Content |
|---|
| 1. case background detailing of accident and resulting tribunal proceedings. (Para 2 , 3) |
| 2. arguments about negligence and compensation by counsel. (Para 4) |
| 3. assessment of negligence and contributory negligence determined. (Para 5) |
| 4. final decree and appeal outcome. (Para 7 , 8) |
For Appellant(s): M.Krishnamoorthy For Respondent(s): M/s. S.C. Vishwanth For R1 To R5 R6 - Exparte JUDGEMENT This Civil Miscellaneous Appeal has been filed to set aside the Judgement and Decree passed by the tribunal in the above MCOP No.1924 of 2019 on the file of the Motor Accidents Claims Tribunal (1 st Additional District and Sessions Judge, FAC) at Cuddalore( in short 'tribunal') dated
13.07.2022.
2. The brief facts of the case:
On 03.04.2019 at about 5.45 hours when the deceased was riding his Hero Splendor Motor Cycle bearing registration number TN 31 R 8422 from East to West, at a moderate speed, keeping extreme left opposite to Chetta shop, Pillalithotti, he turned to north after showing proper indicator signals, and at that time, the first respondent's Bajaj Pulsar Motor Cycle Registration number TN91 E 4627 came from East to West, at a great speed in a rash and negligent manner and without making horn and hit against the deceased motor cycle due to which he sustained fatal injuries. Thereafter, claimant filed MCOP No. 1924 of 2019 before the tribunal claiming Rs.75,00,000/- compensation. On Considering oral and documentary evidence, the tribunal awarded Rs.31,88,000/-. Challenging the quantum of compensation, the insurance company preferred this appeal.
3. The learned counsel for the appellant submits that the tribunal ought to have fixed contributory negligence on the part of the deceased for riding a two wheeler without wearing helmet in contravention of Section 129 of Motor Vehicle Act resulting in sustaining fatal head injuries as evident from Ex.P1/FIR and Ex.P10/Post mortem examination report. So also, excessive award was passed by the tribunal by fixing Rs.20,000/- as monthly income without any proof. Further, he submitted that deceased wife owned separate JCB and Tractor she is having business as there is no loss of income to the family despite the tribunal fixed the compensation. Hence, he prayed to set aside the award.
4. The learned counsel for the claimant/respondent herein submits that they produced the documents before the tribunal which was marked as Ex.P1 to Ex.P16 based on which tribunal fixed Rs. 20,000/- as income. Further, he would submits that JCB and Tractor are stands in the name of his wife but it could be utilised by her husband alone. Hence, he prays to dismiss this petition.
5. Admittedly, as per the post-mortem report, due to the head injury he was died and travelled without wearing helmet which is contravention to the Section 129 of Motor Vehicle Act. Considering the above, there is a negligence on the part of the deceased. Hence, this Court is inclined to fix 10% contributory negligence on the part of the deceased. The award passed in other heads remains unchanged. Further, the pay and recovery ordered by the tribunal also confirmed.
6. Claimant is entitled to compensation under various head.
S.No.
Head
Compensation awarded by the tribunal
Compensation awarded by this Court
1.
Loss of Income
Rs.29,25,000/-
Rs.29,25,000/-
2.
Loss of spousal consortium
Rs.44,000/-
Rs.44,000/-
3.
Loss of Parental consortium
Rs.88,000/-
Rs.88,000/-
4.
Loss of filial consortium
Rs.88,000/-
Rs.88,000/-
5.
Funeral expenses and loss of estate
Rs.33,000/-
Rs.33,000/-
6.
Transport charges
Rs.10,000/-
Rs.10,000/-
Total
Rs.31,88,000/-
Rs.31,88,000/-
7. As discussed above, there is a contributory negligence on the part of the deceased. Hence, this Court fix 10% contributory negligence on the part of the deceased. Accordingly, this Court deduct 10% from the total compensation. Thereby, the claimants are entitled to Rs.28,69,200/-. The appellant is directed to deposit a sum of Rs.28,69,200/- to
