IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Kanniammal W/o. Venkatachalam, Residing at D.No.1/106, Pookulam, Udumalaipettai Taluk, Tiruppur District

2.Venkatachalam S/o. Aravandi Naicker, Residing at D.No.1/106, Pookulam, Udumalaipettai Taluk, Tiruppur District Appellant(s)

Vs

1. SHANMUGARAJA S/o. Vadaman, Residing at D.No.17/53, Sakkarapatty, Valavanty Nadu Post, Namakkal District

2.National Insurance Company Ltd., No.74A, Paramathy Road, Namakkal -637 001 Respondent(s)

PRAYER To enhance the award in the judgement and decree dated 24-08-2017 made in MCOP.No.109/2014, on the file of the MACT /Prl.Dist.Court, Namakkal.

CMA No. 1237 of 2025 For Appellant(s): Mr.T.S.Arthanareeswaran For Respondent(s): Mr.S.Senthil Kumar For R2 R-1 Notice Dispensed With

JUDGEMENT

This Civil Miscellaneous Appeal has been filed to enhance the award in the judgement and decree dated 24-08-2017 made in MCOP.No.109/2014, on the file of the MACT /Prl.Dist.Court, Namakkal.

2. On 28.11.2013 at about 07.00 p.m. When the deceased Sathiskumar, Senthilkumar and Karuppusamy were travelling as a pillion rider in a two wheeler motorcycle bearing registration No. TN 42 X 0842 at the extreme left side of the road at near Nachipudur Bus stop on Kolli hills to kalappanaickenpatty main road, at the time the driver of lorry bearing registration No. TN 36 B 9475 drove the vehicle in a rash and negligent manner dashed against the two wheeler due to the which all the three persons sustained grievous injuries and died in the hospital. Thereafter the claimants/legal heirs of the deceased SathishKumar filed the petition before the Tribunal claiming compensation. The second respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation, the claimants filed this appeal.

3. The learned counsel for the appellant submits that the accident was solely happened due to the rash and negligence driving of the driver of the lorry but the tribunal has fixed 25% contributory negligence upon the deceased and also awarded very less amount in other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent/Insurance company submits that at the time of the accident three persons were travelling in the two wheeler and rider of the two wheeler rode the vehicle in rash and negligent manner suddenly turned the two wheeler thereby he invented the accident. Therefore the tribunal rightly fixed the contributory negligence which needs no interference.

5. On perusal of FIR, the fact reveals that on 18.12.2013 around 07.30 near Nachipudur Bus stop on Kolli hills to kalappanaickenpatty main road While the Sathiskumar, Senthilkumar and Karuppusamy were travelling in a two wheeler motorcycle bearing registration No. TN 42 X 0842 at the extreme left side of the road at near Nachipudur Bus stop on Kolli hills to kalappanaickenpatty main road, at the time the driver of lorry bearing registration No. TN 36 B 9475 drove the vehicle in a rash and negligent manner dashed against the two wheeler due to which all three persons sustained grievous injuries and died. As per FIR allegations negligence is upon the driver of the lorry. Admittedly, at the time of the accident three persons were travelled in the two wheeler and died due to fatal injuries. But while awarding compensation the tribunal fixed 25% contributory negligence upon the deceased persons for the reason that three persons were travelling in the two wheeler at the time of the accident but there is no evidence produced on the side of the respondent that there was negligence on the part of the two wheeler and eyewitness also supported that at the time of the accident driver of the lorry driven the lorry in a rash and negligent manner. Further, the rider of the two wheeler has possessed valid driving licence at the time of the acciden