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2025 Supreme(Online)(Mad) 59042
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
The Manager Oriental Insurance Co. Ltd. – Appellant
Versus
C. Jayanthi – Respondent
Civil Miscellaneous Appeal, C.M.A.No.1850 of 2025
For the Appellants/Petitioners: Mr.D. Bhaskaran
For the Respondents: Mr.S. Udhayakumar, Mr.Tamilamudhu
Insurers are liable for compensation under the Motor Vehicles Act, considering contributory negligence of the deceased where applicable.
Headnote:(A) Motor Vehicles Act, 1988 - Section 173 - Motor accident claim - Appeal against compensation - Tribunal awarded compensation of Rs.15,43,000/- which was contested by the insurer claiming contributory negligence of the deceased. Court modified the amount due to apportionment of liability, awarding Rs.7,71,500/- instead. (Paras 2, 4, 8)
(B) Compensation - Calculating loss of dependency and other heads - Tribunal applied appropriate principles leading to the total awarded amount; this court found merit in reducing liability based on contributory negligence established in related cases. (Paras 7, 8)
Facts of the case:
The deceased lost his life in a motorcycle accident caused by the negligent driving of another vehicle. Legal heirs sought compensation, significantly awarded by the tribunal but contested by the insurer based on alleged contributory negligence of the deceased.
Findings of Court:
The court upheld the Tribunal’s findings on contributory negligence and determined a modified compensation amount reflecting the liability apportioned to the insurer.
Issues: Whether contributory negligence affects the awarded compensation and to what extent it should impact the insurer's liability.
Ratio Decidendi: The court validated the Tribunal’s approach to calculating compensation while recognizing the effect of the deceased's contributory negligence on the final award.
Result: The appeal was partially granted, and the compensation modified.
| Table of Content |
|---|
| 1. establishment of facts surrounding the accident and the resulting compensation claim. (Para 2 , 3) |
| 2. arguments presented regarding contributory negligence affecting liability. (Para 4 , 5) |
| 3. tribunal's award and assessment of compensation components including loss and expenses. (Para 7) |
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.No.1850 of 2025 and C.M.P.No.16201 of 2025 The Manager Oriental Insurance Co. Ltd., Third party Claims Cell, No.115, Prakasam Road, Broadway, Chennai – 600 001 ... Appellant Vs.
1. C. Jayanthi
2. S.Senthil
3. Kanniammal
4. Rani ... Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 19.12.2024 made in M.C.O.P.No.350 of 2023 on the file of the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai.
For Appellants : Mr.D. Bhaskaran For Respondent-1 : Mr.S. Udhayakumar For Respondent-3 : Mr.Tamilamudhu
JUDGMENT
The appellant has filed this appeal against the award and decree dated 19.12.2024 made in M.C.O.P.No.350 of 2023 on the file of the Motor Accidents Claims Tribunal ( IV Judge, Court of small Causes), Chennai.
2. The brief facts of the case is as follows:
On 20.09.2013 at about 21.30 hours when the deceased was riding the pulsar motorcycle bearing Reg.No.TN-19-F-4573 from east to west direction, at that time a motorcycle bearing Reg.No.Tn-09-A-3170 driven by its driver in a rash and negligent manner and dashed against the deceased's motor cycle. Due to that the deceased sustained fatal injuries and died on the spot. Hence, the legal heirs of the deceased filed a claim petitioner before the Tribunal seeking compensation. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.15,43,000/- as compensation, directed the appellant to pay the said amount to the legal heirs of the deceased/first and third respondent herein along with interest at the rate of 7.5% per annum from the date of petition.
3.Aggrieved by the quantum of compensation awarded by the Tribunal, the appellants (claimants) have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 .
4.The learned counsel for the appellant submitted that in the connected M.C.O.P.No.205 of 2014 the Tribunal has fixed contributory negligence on the part of the deceased/Chandrasekar. As the negligence is also fixed on the part of the deceased, prays this Court to fix only 50 %
liability towards the appellant/Insurance by allowing this petition.
5. On the other hand, the learned counsel appearing for the respondents contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.
6. Heard both sides and perused the materials on record.
7. On an analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.14,25,000/- under the head loss of dependency; Rs.80,000/- under the head Loss of Consortium; Rs.15,000/- each under the head for loss of estate and funeral expenses and Rs.5,000/- towards Transport charges. Thus the total compensation is arrived at Rs.15,43,000/- .
