C.M.A.No.642 of 2018

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

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C.M.A.No.642 of 2018

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

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C.M.A.No.642 of 2018

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

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C.M.A.No.642 of 2018

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 o