IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.01.2026 CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL C.M.A.No.3643 of 2025 and CMP.No.30283 of 2025 Reliance General Insurance Company Ltd., Dhanam Tower, I Floor, Binny Main Road, Park Road, Tiruppur-641 601. ... Appellant Vs.

1.N.Punitha

2.K.T.Tharneesh (Minor)

3.T.Sanjeev Siddharth (Minor)

4.K.Valliammal

5.T.Madhanraj

6.M.Sivamani ... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act as against the Judgment and Decree made in M.C.O.P.No.909 of 2021 dated 29.07.2025 on the file of the Motor Accidents Claims Tribunal, V Additional District Court, Coimbatore.

For Appellant : Mr.R.Sunil Kumar For Respondent : Mr.P.Saravana Sowmiyan Nos.1 to 4

J U D G M E N T

(Judgment of the Court was delivered by N.Sathish Kumar, J.)

The appellant/third respondent/Insurance Company has focused the instant Civil Miscellaneous Appeal as against the award passed by the learned V Additional District Judge, Motor Accidents Claims Tribunal, Coimbatore in M.C.O.P.No.909 of 2021 dated 29.07.2025.

2. Heard the learned counsel for the appellant and the learned counsel appearing on behalf of the respondents 1 to 4.

3. Before the Tribunal, the appellant/Insurance Company is arrayed as the third respondent; the respondents 1 to 4 herein are the claimants, who filed the Claim Petition seeking a compensation of Rs.1,12,00,000/- for the death of one Thirukumar, who died in a motor accident that occurred on 25.08.2019 and the fifth and sixth respondent herein are the driver and the owner of the offending vehicle bearing Registration No.TN-42-M-2224 respectively, which was insured with the appellant/Insurance Company.

4. The facts of the case is as follows:

a) On 25.08.2019 at about 2.30 p.m., when the deceased Thirukumar was crossing the road at Tiruchy Road which is within the Corporation limit of Coimbatore, the offending vehicle bearing Registration No.TN-42- M-2224, which came from West to East in a rash and negligent manner, dashed against him and he died in the hospital at 4.15 p.m. At the time of the accident, the deceased was 41 years and working as an Associate Professor in Mahalingam College and earned a sum of Rs.63,000/- per month as income. It was stated by the driver of the offending vehicle that the accident had occurred only due to the negligence of the deceased and the Insurance Company took a stand that the deceased had suddenly crossed the road, thereby paved the way for the accident, which resulted in his death.

b) Before the Tribunal, on the side of the claimants, P.W.1 to P.W.3 have been examined and exhibits viz., P1 to P14 were marked, whereas on the side of the Insurance Company, neither any witness has been examined nor any document was marked.

c) The Tribunal, after proper appreciation of the pleadings, oral and documentary evidence, held that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle, thereby causing the death of the deceased and awarded compensation to the claimants under the following heads:

S.No. Heads Amount

1 Loss of income Rs.1,03,32,557/- 2 Loss of property Rs. 18,000/- 3 Loss of love and affection Rs. 1,92,000/- 4 Funeral expenses Rs. 18,000/- 5. Loss of Consortium Rs. 48,000/- 6. Medical expenses Rs. 48,485/-

Total Rs.1,06,57,000/- (Rounded off)

However, considering the fact that the deceased had crossed the road without any caution, has fixed 15% contributory negligence on him and awarded a sum of Rs.90,59,000/- (rounded off) with 5.5% interest p.a. from the date of petition till the date of realization of the compensation amount, failing which, the amount will carry 7.5% interest and also apportioned the compensation amount to the wife as Rs.40,59,000/-, mother as Rs.10,00,000/- along with proportionate interest and the amount of the minor claimants to the tune of each Rs.20 lakhs which has to be deposited in any one of the nationa