BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI CMA. (MD). No.746 of 2025 and CMP(MD) Nos.11918 and 15540 of 2025 United India Insurance Company Limited, Through its Branch Manager Deva Complex, Ramanathapuram Kumaraiah Koil Ramanathapuram District ... Appellant v.

1.Veeralakshmi

2.Suresh

3.Veeralekha

4.Panchavarnam

5.Dhanabalan ... Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 31.08.2023 passed in MCOP No.122 of 2021 on the file of the Motor Accidents Claim Tribunal, Additional District Court, Paramakudi.

For Appellant : Mr.J.S.Murali For Respondents : Mr.R.Babu Jeganath for R1 to R4 No appearance for R5

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN, J.)

This Civil Miscellaneous Appeal is directed against the judgment and decree dated 31.08.2023 made in MCOP No.122 of 2021 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Paramakudi.

2. The facts in nutshell, which are required for the disposal of the appeal, are as follows:

On 09.08.2021, when the deceased Ayyachamy was driving his two wheeler bearing registration No.TN-65-BZ-8368 from Parthibanur to Paramakudi Highway, near Keelaperungarai Sridhar thoppu, a Tractor bearing registration No.TN-65-AY-9672 came in the opposite direction in the wrong side in rash and negligent manner, hit the two wheeler, in which, the deceased Ayyachamy sustained grievous injuries. Immediately after the accident, he was taken to the Government Hospital, Paramakudi, where he was declared dead. Pursuant to the said accident, a case in Crime No.150/2021 was registered under Sections 279 and 304(ii) IPC against the driver of the Tractor. For the death of the deceased, the claimants who are the wife, children and mother of the deceased, filed claim petition claiming compensation.

3. In order to prove the case, on the side of the claimants, before the Tribunal, the son of the deceased examined himself as P.W.1 and 13 documents were exhibited as Exs.P1 to P13. On the side of the appellant, R.W.1 to RW.5 were examined and 10 documents were marked as Exs.R1 to R10.

4. The Tribunal, upon considering the oral and documentary evidence, held that the accident had occurred due to the rash and negligent driving of the driver of the vehicle insured with the appellant insurance company. Based on the oral and documentary evidence let in before the Tribunal, the Tribunal awarded compensation of Rs. 1,00,00,000/- along with 7.5% interest from the date of filing of the claim petition till the date of deposit and the appellant insurance company and the 5^th respondent herein were directed to pay the said compensation. Challenging the liability to pay compensation and the quantum of compensation, the appellant insurance company is before this Court with this appeal.

5. On the aspect of negligence, the learned counsel for the appellant would submit that it was only the deceased who rode his motor cycle in a rash and negligent manner in a wrong way and dashed against the Tractor, thereby invited the accident and therefore, the Tribunal ought to have fixed contributory negligence. On the aspect of liability, the learned counsel for the appellant would submit that the Tractor alone was insured with the appellant. As per the insurance policy, the Tractor shall be used only for agricultural purpose, whereas, on the date of accident, the Tractor was attached with a Trailer (Water Tanker) and used for commercial purpose contrary to the policy conditions. Further, the person who drove the Tractor attached with Trailer did not possess the valid and effective driving licence to drive the same. Though the appellant had brought these facts to the knowledge of the Tribunal and also examined RW1 to RW5 and marked Exs.R1 to R10 in this regard, the Tribunal had not considered the same in proper perspe