BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.11.2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA

CMA(MD) No.397 of 2010 and M.P(MD).No.2 of 2010 and

M.P(MD).No.1 of 2010 in Cros. Obj (MD) SR.No.19783 of 2010

United India Insurance Company Limited,

rep. by its Manager, Nagercoil,

Nagercoil village,

Agasteeswaram Taluk,

Kanniykumari District. : Appellant / 3^rd respondent

Vs

1.Johny (died) : Respondent 1 / petitioner

2.Dharmaraj

3.Kumaran Fishnets : Respondents 2&3/ Respondents 1 & 2

4.M.Lazer

5.Bajaj Allianz General Ins Co. Ltd., Kumari Associate, 178 K.P. Building,

K.P. Road, Nagercoil,

Agastheeswaram Taluk,

Kanniyakumari District. : Respondents 4&5/ Respondents 4 & 5

6.N.Johnson

7.Reeta Rathina Kumari

8.Anish

9.Nesa Mahiba : Respondents 6 to 9

(respondents 6 to 8 are impleaded as LR's of the deceased R1 as per the order of this Court, 04.01.2024 made in CMP(MD).Nos.131 of 2024 and 11979 of

2018)

(9^th respondent is also impleaded as LR of deceasd R1 dated 04.01.2024 made in CMP(MD).Nos.131 of 2024 and 11979 of 2018)

Prayer in CMA(MD).No.397 of 2010: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act against the order and decree, dated 14.05.2009 passed in M.A.C.T.O.P. No.18 of 2008 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Nagercoil.

Prayer in MP(MD).No.1 of 2010 in Cross Objection (MD) Sr.No.19783 of 2010: This petition is filed to exempt from paying the Court fees in Cross Objection (MD) SR.No.19783 of 2010.

For appellant in CMA(MD) No. 397 of 2010 and 1^st respondent in M.P(MD).No.1 of 2010 Cros. Obj. (MD) SR.No.19783 of 2010 : Mr.A.S. Mathialagan For respondents 6 to 8 in CMA(MD).No. 397 of 2010 : Mr.N.Sudhagar Nagaraj For 9^th respondent in CMA(MD).No. 397 of 2010 : Mr. S. Suresh Manickam

JUDGMENT

These Civil Miscellaneous Appeal has been filed against the order and decree, dated 14.05.2009 passed in M.A.C.T.O.P No.18 of 2008 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Nagercoil.

2. For the sake of convenience, the ranks of the parties are referred to as per the award passed by the Tribunal.

3. The case of the petitioner is that on 19.09.2007 at about 8.30 p.m, while the petitioner proceeding from East to West on Nagarcoil – Colachel road drove the motorcycle bearing Registration No.TN 74 L 2112, the 1^st respondent drove the van bearing Registration No.TN 47 J 8533 in a rash and negligent manner and dashed against the vehicle driven by the petitioner. As a result of the accident, the petitioner sustained injuries to his forehead, nose, upper lip, and left leg. He was initially treated at Asaripallam Medical College Hospital and thereafter shifted to Jayasekaran Hospital, Ananthapuri Hospital and Research Institute, and subsequently admitted for further treatment at Christian Medical College, Vellore. During the course of treatment, the petitioner underwent multiple surgeries including femur shaft fixation, radius surgery, maxilla surgery, tracheotomy, ENT procedures, and replacement of missing teeth. Subsequently, he lost his speech. Hence, the petitioner claimed a sum of Rs.50,00,000/- as compensation in M.A.C.T.O.P No.18 of 2008 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Nagercoil.

4. The 3^rd respondent / appellant filed counter disputing the liability and contended that the compensation claimed is exorbitant.

5. During the trial, on the side of the petitioner, 6 witnesses were examined as P.W.1 to P.W.6 and 36 documents were marked as Exs.P1 to P36.

On the side of the respondents, no oral or documentary evidence was let in.

6. The Tribunal, upon considering the pleadings and the oral and documentary evidence, came to the conclusion that the accident occurred solely due to the rash and negligent driving of the 1^st respondent and awarded a sum of Rs.16,64,510/- as compensation.

7. Aggrieved over the same, the present Civil Miscellaneous Appeal has been filed by the appellant / Insurance Company chall