C.M.A.Nos.2824 & 3313 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN

C.M.A.Nos.2824 & 3313 of 2019

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Raj @ Nagaraj

S/o.Chelladurai.

... Appellant

in C.M.A.No.2824 of 2019

1. Dhanalakshmi @ Saroja

W/o.Sengodan

2. Shanthi

W/o.Chinnannan

... Appellants

in C.M.A.No.3313 of 2019

Vs.

1. Basha

S/o.Muthilibai

2. National Insurance Co. Ltd.,

2^nd Floor, 81-D, Chetty Street

Opp : Old Bus Stand,

Tiruchengode - 637 211.

... Respondents

in both CMAs

Civil Miscellaneous Appeal No.2824 of 2019 filed under

Section 173 of the Motor Vehicles Act, 1988 against the judgment and

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C.M.A.Nos.2824 & 3313 of 2019

decree dated 09.04.2018 made in M.C.O.P.No.587 of 2014 on the file of the

Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

Civil Miscellaneous Appeal No.3313 of 2019 filed under

Section 173 of the Motor Vehicles Act, 1988 against the judgment and

decree dated 09.04.2018 made in M.C.O.P.No.710 of 2014 on the file of the

Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

For Appellants in both CMAs

: Mr.T.S.Arthanareeswaran

For Respondents in both CMAs

: Mr.S.Vadivel for R2

R1 - Ex parte before the Tribunal

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

These appeals are directed against the common Award dated

09.04.2018 passed in M.C.O.P.Nos.587 of 2014 and 710 of 2014 on the file

of the Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

2. For the purpose of convenience, the parties are described as

per their ranking before the Tribunal.

3. The facts in nutshell are as follows :

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C.M.A.Nos.2824 & 3313 of 2019

(i) On 12.11.2013 at about 8.00 p.m the deceased Kumar @

Rajkumar was riding a two wheeler bearing Registration No.TN 28 P 2293

on Namakkal – Tiruchengode Main Road and the claimant Raj @ Nagaraj

(M.C.O.P. No.587 of 2014) is the pillion rider of the said two wheeler.

When they were proceeding near Kumaramangalam Milk Society, on the

extreme left side of the road, a lorry bearing Registration No.TN 45 Z 2426,

belonging to the first respondent and insured with the second respondent,

driven by its driver in a rash and negligent manner, without giving proper

signals applied a sudden brake, hence, the two wheeler hit rear side of the

lorry. Due to the said impact, the deceased Kumar @ Rajkumar succumbed

to injuries at the Hospital and the claimant Raj @ Nagaraj sustained fracture

on his right thigh and some other multiple injuries all over his body. The

accident had occurred only due to rash and negligent driving of the lorry

driver, and hence, the Tiruchengode Rural Police had registered a case in

Crime No.625 of 2013 against the driver of the lorry.

(ii) The deceased Kumar @ Rajkumar was aged about 34 years

at the time of accident and he was a painter and earning a sum of

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C.M.A.Nos.2824 & 3313 of 2019

Rs.30,000/- per month. Due to the sudden demise of the deceased, his

mother and sister filed the claim petition in M.C.O.P.No.710 of 2014

claiming a sum of Rs.25,00,000/- as compensation for the death of the

deceased.

(iii) The injured/claimant (Raj @ Nagaraj ) was aged about 30

years at the time of accident and he was also a painter and earning a sum of

Rs.30,000/- per month. Due to the accident, the claimant sustained multiple

injuries and hence, he filed the claim petition in M.C.O.P.No.587 of 2014

claiming a sum of Rs.15,00,000/- as compensation.

4. Before the Tribunal, the first respondent/owner of the lorry

bearing Registration No.TN 45 Z 2426 remained ex-parte.

5. The claim petitions were resisted by the second respondent/

National Insurance Co. Ltd., by filing counter statements denying the

manner of accident as projected by the claimants in the claim petitions. They

al