BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :05.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

AND

THE HONOURABLE MS.JUSTICE R. POORNIMA

CMA(MD)Nos.513 and 1061 of 2024

and

CMP(MD)Nos.6813, 11009 and 11325 of 2024

and

Cross Objection(MD) No.57 of 2024

CMA(MD)No.513 of 2024

The Divisional Manager,

M/s.United India Insurance Co.Ltd.,

Promenede Road, Cantonment,

Tiruchirapalli,

Tiruchirapalli District ... Appellant

vs.

1. G.Chandrasekar

2. D. Nandhakumar ..Respondents

PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act

, against the order dated 31.08.2023 made in MCOP No.305 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court,

Trichy).

For Appellant : Mr.B.Rajesh Saravanan For R-1 : Mr.Ponkarthikeyan For R-2 : No appearance CMA(MD)No.1061 of 2024 The Divisional Manager, M/s.United India Insurance Co.Ltd., Promenede Road, Cantonment, Tiruchirapalli, Tiruchirapalli District ... Appellant vs.

1. S.Mani

2. D. Nandhakumar ..Respondents PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act , against the order dated 31.08.2023 made in MCOP No.299 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court, Trichy).

For Appellant : Mr.B.Rajesh Saravanan For R-1 : Mr.Ponkarthikeyan For R-2 : No appearance Cross Objection(MD) No.57 of 2024 Chandrasekar .. Appellant .vs.

1. The Divisional Manager, M/s.United India Insurance Co.Ltd., Promenede Road, Cantonment, Tiruchirapalli, Tiruchirapalli District

2. Nandhakumar .. Respondents PRAYER: Cross Objection filed under order 41 Rule 22 of CPC to allow the cross objection appeal and to enhance the compensation awarded in MCOP No.305 of 2020 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court, Trichy) dated 31.08.2023 For Appellant : Mr.Ponkarthikeyan

JUDGMENT

G.K. ILANTHIRAIYAN [Judgment of the Court was made by , J.

Since these cases have been filed against the common award passed in the two claim petitions filed by the claimants arising out of the same accident, all the cases were heard together and disposed of by this common judgment.

2. CMA(MD)No.513 of 2024 has been filed by the insurer as against the award passed in favour of the rider of the two wheeler.

3. CMA(MD) No. 1061 of 2024 has been filed by the insurer as against the claim made by the pillion rider of the motor cycle.

4.Cross objection (MD) No.57 of 2024 has been filed by the rider of the motor cycle as against the contributory negligence fixed by the Tribunal.

5. The brief facts of the case are that on 23.08.2015, one Chandrasekar/claimant in MCOP.No.305/2020 was riding his two wheeler slowly and carefully to Srirangam bus stand to drop his father- in-law namely, Mani/claimant in MCOP.No.299/2020 who seated as pillion in the two wheeler. While so, the driver of the vehicle bearing Reg.No.TN 45 BA 6255 Toyota Etios insured with the appellant insurance company came in the opposite direction in a rash and nelgigent manner and dashed against the two wheeler. Due to the impact, the rider of the vehicle as well as the pillion fell down and sustained grievous injuries. Immediately both of them were taken to hospital and admitted as inpatient. For the injuries sustained by them, they filed separate claim petitions. MCOP No.305 of 2020 was filed by the rider of the motor cycle and MCOP No.299 of 2020 was filed by the pillion rider of the motor cycle. After considering the oral and documentary evidence, the Tribunal held that the driver of the vehicle insured with the appellant was responsible for the accident and awarded compensation of Rs. 31,75,328 in MCOP No.305 of 2020 and Rs. 1,11,000/- as compensation in MCOP No.299 of 2020 by an order dated 31.08.2023. However, the Tribunal taking note of the Accident Register copy of the rider of the vehicle that the rider was under the influence of alcohol at the time of accident, fixed negligence in the ratio of 90 : 10 as between the 2^nd respondent and the rider of the two wheeler and directed the appell