IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2025

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI

1. Renukadevi

2. Elankumaran

3. Minor Lakshidhan

(Minor is represented by his mother Renukadevi / appellant 1 herein)

.. Appellants / Petitioners

Vs.

1. K.Rajendran

2. United India Insurance Co. Ltd., (exonerated),

represented by its Branch Manager,

Peramblur.

3. Bajaj Allianz General Insurance Co. Ltd.,

G.E Plaza, Airport Road, Yerwada,

Pune.

(The 3rd respondent was impleaded as per order passed in I.A.Nos.1976 /

2018 to 1983 / 2018 dated 23.08.2018)

..Respondents / Respondents

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to allow the Civil Miscellaneous Appeal and for enhancement of the award passed by the Motor Accident Claims Tribunal / Principal District Judge, Perambalur by its Judgment dated 29.11.2023 made

in M.C.O.P.No.300 of 2018.

For Appellants : Mr.C.Vidhusan For R1 : Mr.A.Saravanan For R2 : Ms.C.Harini for M/s.M.B.Gopalan Associates For R3 : Mr.J.Michael Visuvasam for M/s.R.V.Sivaraj

JUDGMENT

Not being satisfied with the Award dated 29.11.2023 made in M.C.O.P.No.300 of 2018 on the file of the Motor Accidents Claims Tribunal / Principal District Court, Perambalur, the legal representatives of the deceased minor child have preferred this Civil Miscellaneous Appeal for enhancement of compensation.

2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.

3. The case of the claimants is that the petitioners on 06.02.2017 at about 16.45 hours, the claimant's husband Elankumaran drove Car bearing Registration No.TN 22 BH 4214, which belongs to the 1^st respondent, insured with the 3^rd respondent, along with their family members proceeding from north to south along Thuraiyur-Musiri main road and the Car was nearing one Palaniyappan's house at Jambunathapuram, as the Car was driven in a rash and negligent manner and in the result, the car went out of the control of the driver and dashed upon the tamarind tree. Due to the said impact, the claimant's 1 and 2 minor daughter Dhanurika, two years old succumbed to the injuries. The claimants and another son minor Lakshidhan sustained serious injuries. Therefore, the 1^st respondent as the owner of the vehicle and the 3^rd respondent who is the insurer of the same are liable to pay compensation to the petitioner herein.

4. Details of counter of 1^st respondent would state in brief:-

The 1^st respondent had insured his vehicle with the 3^rd respondent in Policy No.OG-17-1501-1081-00026418 for a period from 14.12.2016 to 17.12.2017. Tvl.Elankumaran purchased the above said vehicle and took delivery of the vehicle from the 1^st respondent on 26.01.2017. The accident took place due to the rash and negligent act of the above said person and a case was registered against him.

5. Details of counter of 3^rd respondent is stated in brief:-

The interest of the 1^st respondent in vehicle No.TN 22 BH 4214 was covered at the material time under the policy of insurance issued by the 3^rd respondent. The father of the deceased minor child is a tortfeasor and he is not a third party and he is not entitled for any share.

6. At trial, on the claimant's side, two witnesses were examined and thirteen documents were marked. On the side of the respondents, one witness was examined and photo copy of he Insurance Policy Certificate of the Car was marked as Ex.R1.

7. The Tribunal upon consideration of the oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.5,20,000/- under various heads is tabulated hereunder:-

8. The learned counsel for the appellants would vehemently contend that the notional income of the minor child was fixed as Rs.30,000/- is less.

9. Pe