BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 12.08.2025 Pronounced on : 25.09.2025 CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.A.(MD)No.102 of 2011

1.B.Kasirajan

2.K.Sulomani ... Appellants/ Petitioners Vs.

1.Pandiammal

2.P.Pandian

3.The Divisional Manager, M/s.United India Insurance Company Ltd., No.7, West Veli Street, Madurai – 625 001. ...Respondents /Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 09.07.2009 made in M.C.O.P.No.430 of 2000 on the file of the Additional District Judge, Fast Track Court No.I, Motor Accident Claims Tribunal, Madurai and allow this Civil Miscellaneous Appeal.

For Appellant : Mr.R.Narayanan For Respondents : No appearance – for R2 Mr.I.Suthakaran – for R3

JUDGMENT

(Judgment of this Court was delivered by R.POORNIMA, J.

The appellants/petitioners have filed this Civil Miscellaneous Appeal against the fair order and decreetal order dated 09.07.2009 passed in M.C.O.P.No.430 of 2000 by the Additional District Judge, Fast Track Court No.I, Motor Accident Claims Tribunal, Madurai.

2. Brief facts of the petition filed by the claimant before the Tribunal are as follows:

(a) On 12.01.1999 at about 1.15 a.m., the deceased Balamurugan, his friend Ashok Kumar, were returning from the house of their friend in a TVS Scooty bearing Registration No.TN-59-K-5537. The said vehicle was driven by one Ashok Kumar and the deceased Balamurugan was the pillion rider in that vehicle. When they reached near the Narayana Electricals, at Tavittuchandai, South Veli Street, Madurai, a Lorry bearing Registration No.TCB 4215 which was coming in the opposite direction of the Scooty, namely, the west side, driven by the second respondent in a rash and negligent manner and high speed, dashed against the TVS Scooty. Due to the said accident, both the deceased Balamurugan and Ashok Kumar were thrown off and they fell on the road. While Ashok Kumar was fortunate enough and escaped narrowly, Balamurugan sustained head and leg injury. He became unconscious, and with the assistance of lorry driver Pandiyan, he was taken to Vadamalayan Hospital, Bibikulam for treatment in an auto rickshaw. He was admitted there and underwent treatment up to 18.01.1999. However, despite the treatment given in the hospital, Balamurugan succumbed to the injury on 18.01.1999 at about 4.40 PM.

(b) The accident happened, solely due to the rash and negligent driving of the lorry driver viz., the second respondent who was driving the lorry at a high and uncontrollable speed. The petitioners have lost their beloved son. The deceased Balamurugan is an intelligent boy, having a bright future. He had obtained a Bachelor Degree in Mechanical Engineering, an IBM Main Frame certificate, Oracle 7.1 Developer 2000 Designer 2000 and also several experience in Software Development. Apart from that he had also undergone training in the courses, Visual Basic 5.0, C++, and VC++. The deceased possessed all such qualifications and scheduled to travel to the United States of America after undergoing final training for one month at Hyderabad. Having acquired such specialised qualifications in Computer Science and Engineering with Visu Consultants Limited, Madurai, a consultancy was agreed to pay him a sum of $36,000 Dollars to $45,000 Dollars (U.S) initially and an increment to be granted after three months based on his performance along with a further pay of sum of $6,000/- dollar (U.S) per month. At the time of the accident, he was about to leave from Madurai to Hyderabad and then to USA. Necessary arrangements had been completed by him.

(c) The petitioners who are the parents of the deceased placed a great expectation upon him. The untimely death of their beloved son came as a profound and irreparable shock at the time of the accident. The deceased was hale and healthy. Due to his premature death, the petitioners n