IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 26.11.2025 Delivered on: 12.12.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

and

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

C.M.A.No.3439 of 2024

P.Moorthy,

S/o.Parthasarathi,

No.1/17, Gangai Amman Koil Street,

Sernadanur Village & Post,

Villupuram Taluk & District. ... Appellant/Petitioner

/versus/

1. V.SelvaKumar, S/o.Venkatasamy,

Plot No.2/S-1, Chitra Venkatesh Flats,

VGN Lakshmi Nagar Main Road,

Madananthapuram,

Kanchipuram District.

2. The Branch Manager,

United India Insurance Co., Ltd, Pondy Main Road, Villupuram.

3. S.Kaliappan, S/o.Subburaja,

No.38/9, Vadivel Street,

Jafferkhanpet,

Chennai … Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to pass award enhancing the award of Rs.50,00,000/- from the award passed by Motor Accident Claims Tribunal (Special Subordinate Court No.1),

Villupuram in M.C.O.P.No.32 of 2022, dated 14.10.2024 and allow the appeal.

For Appellant : Mr.T.K.Saravanan For Respondents : Mr.K.R.Ramesh Kumar, for R1 : Dr.C.Paranthaman, for R2 : Mr.N.Jayachander, for R3 ***

J U D G M E N T

The Civil Miscellaneous Appeal is filed by the appellant to enhance the award passed by Motor Accident Claims Tribunal (Special Subordinate Court No.1), Villupuram in M.C.O.P.No.32 of 2022, dated 14.10.2024, from Rs.23,53,800 to Rs.50,00,000/-.

2. The case of the appellant is that he sustained grievous injuries in the road accident occurred on 21.02.2021, while he was riding his two wheeler bearing Reg.No.TN-32-H-2793 on the Trichy-Chennai National Highways, near Virattikuppam Road, Villupuram. According to the appellant/claimant, the accident occurred while he halted to take a turn from West to South direction, an omni travel bus bearing Reg.No.TN-10-BF-2626, driven rashly and negligently without any caution, dashed against his two wheeler, in which he sustained injuries at his left leg and head. He was taken to the hospital, treated as in-

patient. His Right Leg was crushed and amputated below the knee.

3. As owner of Transport lorry and doing business in blue metal, sand and Bricks, his income was not less than Rs.50,000/- per month. In view of amputation, he had become 100% functionally disabled. Therefore, he is entitled to be compensated with Rs.1,00,00,000/-.

4. The claim petition been instituted against the owner, driver and insurer of the omni travel bus bearing Reg.No.TN-10-BF-2626.

5. The claim contested by the respondents 1 to 3 independently. The owner of the omni travel bus bearing Reg.No.TN-10-BF-2626 arrayed as 1^st respondent, in his counter, has stated that the claim of Rs.1,00,00,000/- is without any justification. There is no proof of income for the claimant nor there is any proof for negligence on the part of the omni bus driver. Being a National Highways Road, the claimant ought to have been diligent while cutting across the road to reach the other side. The claimant was riding the two wheeler negligently and crossed the road without noticing the vehicle proceeding along the highways road. Hence, he is held to be negligent for driving and contribution to the accident. Further, the travel bus was driven by the 3^rd respondent, having valid driving license and the vehicle was duly insured under the 2^nd respondent. As owner, the 1^st respondent, he is fully indemnified by the insurance policy. Consequently, if any award is passed, the 2^nd respondent which is the Insurance Company provided cover is to be held liable to pay the compensation.

6. The driver of the omni bus was arrayed as 3^rd respondent. He, in his affidavit, had averred that the accident occurred not due to his fault, as alleged in the claim petition but due to the negligence of the claimant. Particulars with regard to the insurance coverage in respect of the Omni travel bus are incorrect and the allegations made in the claim petitions to be put to strict proof by the claimant.

7. The 2^nd respondent, namely the United India Insurance Company has come out w