BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI C.M.A(MD)No.609 of 2025 and C.M.P(MD)Nos.9983 and 17511 of 2025 The Branch Manager, Reliance Insurance Company Limited, Sri Meenakshi Plaza, Plot No.HIG 55, Ist Floor, 80 ft Road, Anna Nagar, Madurai – 625 020 ...Appellant/Second Respondent .Vs.

1.Amalraj ...Ist Respondent/Petitioner

2.Sathaiyah ...2^nd Respondent/First Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree made in M.C.O.P.No.1728 of 2021, dated 14.3.2024, on the file of the Motor Accidents Claims Tribunal/Sub Court, Madurai.

For Appellant : M/s.K.R.Shivashankari For Respondent-1 : Mr.K.Kumaravel For Respondent-2 : No appearance

JUDGMENT

(Order of the Court was made by P.VELMURUGAN.,J)

This Civil Miscellaneous Appeal is filed against the judgment and decree made in M.C.O.P.No.1728 of 2021, dated 14.3.2024, on the file of the Motor Accidents Claims Tribunal/Sub Court, Madurai.

2.The parties are referred to herein as per their ranking before the Tribunal, for easy reference.

3.The Case of the claimant in brief is as follows:

The Petitioner is an injured, aged about 38 years and earned a sum of Rs.

20,000/-p.m., by doing carpentry work. On 25.12.2019,when the claimant drove his two wheeler bearing Registration No. TN 63 K 1854 at Ilayankudi Salaigramam Main road from north to south,at that time, the Poliero Pick Up four wheeler bearing Registration No. TN 63 AH 5375 belonging to the first respondent, driven by its driver in a rash and negligent manner from south to north in the opposite direction in a rash and negligent manner, dashed against the driver and due to the said accident, the claimant sustained bone injuries at neck and spinal cord and cut injuries at right and left thigh and multiple injuries in backbone. He was given treatment first at Government Hospital,Sivagangai on 25.12.2019 and then at Government Rajaji Hospital at Madurai from 26.12.2019 to 17.1.2020 as inpatient and incurred medical expenditure of Rs.5 lakhs and due to the injuries, the claimant was not able to walk, stand as before and he is in a bedridden condition. The claimant was not able to do any work/employment due to the permanent disability suffered by him. On the complaint given by his mother, a case in Crime No.80 of 2019 was registered for the offence under Section 279 and 337 IPC. The accident occurred due to the rash and negligence driving of the driver of the first respondent, which was insured with the second respondent and hence the respondents 1 and 2 are liable to pay compensation of Rs.30 lakhs to the claimant and filed this claim petition.

4.The averments of the second respondent therein/appellant herein is as follows:

All the averments other than which are accepted has to be proved as per law and not sustainable in law. The second respondent denied the averments regarding the manner of accident and the injuries sustained by the claimant. Further he would submit that the driver of the first respondent vehicle drove the vehicle in a slow manner, following the traffic rules and the claimant drove his vehicle in a rash and negligent manner and dashed against the vehicle of the first respondent, which was insured with this respondent. The claimant has to prove the facts about the licence and other things. The compensation claimed by the claimant is excessive in all heads. The claimant has to prove his age, avocation and earning capacity and hence the second respondent is not entitled to pay any compensation to the claimant and prayed for dismissal of the claim petition. 5.On trial, on the side of the claimant, P.W.1 and P.W2 are examined and Ex.P1 to P13 were marked. On the side of the respondents, no document was marked and no witness was examined. The Wound Certificate is marked s Ex.C1.

On appreciation of evidence both oral and documentary, the Tribunal award