IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.A.No.2610 of 2022 and Cross Obj. No. 2 of 2023 and C.M.P. No. 22086 of 2023 C.M.A. No. 2610 of 2022:

Royal Sundaram General Insurance Co. Ltd., Office No.186/5, Royal Towers, 3^rd Floor, New Bus Stand Road, Meyyanur, Salem – 4, Salem Taluk, Salem District. ... Appellant Vs.

1.Pushpa

2.Minor Nivetha Rep., by guardian / mother Pushpa

3.Kengannan 4.Kanjammal

5.Jayaraman

6.Vasantha ... Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 08.07.2022 made in M.C.O.P.No.59 of 2018 on th file of the Motor Accident Claims Tribunal, Sub ordinate Court, Mettur.

For Appellant : Mr. M. Krishnamoorthy.

For Respondents : Mr. D. Raghu for R1 to R4.

R5 & R6 – Exparte.

Cross Obj. No. 2 of 2023:

1.Pushpa

2.Minor Nivetha Rep., by guardian / mother Pushpa

3.Kengannan

4.Kanjammal ... Cross Objectors Vs.

1.Royal Sundaram General Insurance Co. Ltd., Office No.186/5, Royal Towers, 3^rd Floor, New Bus Stand Road, Meyyanur, Salem – 4, Salem Taluk, Salem District.

2.Jayaraman

3.Vasantha ... Respondents PRAYER: Cross Objection filed under Order 41 Rule 22 of C.P.C., to enhance the compensation amount and fix the entire liability on the respondents/appellants awarded in the Judgment and decree dated 08.07.2022 made in M.C.O.P.No.59 of

2018 on th file of the Motor Accident Claims Tribunal, Sub ordinate Court, Mettur.

For Cross Objectors : Mr. D. Raghu.

For Respondents : Mr. M. Krishnamoorthy for R1.

R2 & R3 – Exparte.

J U D G M E N T

(Delivered by Dr. A.D. Maria Clete, J)

Civil Miscellaneous Appeal in C.M.A. No. 2610 of 2022 has been filed by the respondent / Insurance company to set aside the award dated 08.07.2022 passed by the learned Sub Judge in M.C.O.P. No. 59 of 2018 and Cross Objection in Cross Obj. No. 2 of 2023 has been filed by the claimants to enhance the compensation awarded by the Tribunal. Parties are hereinafter referred as per their rank in the civil miscellaneous appeal for the sake of convenience.

2. The facts of the case in brief are as follows;

On 25.08.2017, when the husband of the first respondent viz., Senthil Kumar was proceeding in Sankagiri to Edapadi Main Road in his lorry bearing Reg. No.TN 52 E 3064, he had stopped the lorry in the left hand side of the road near Government Arts College and was checking the tires. At that time, a lorry bearing Reg. No. TN 56 9168 driven by the fifth respondent in a rash and negligent manner dashed on the said Senthil Kumar and he succumbed to injuries on the spot. Hence, respondents 1 to 4 who are the wife, children and parents of the deceased filed a claim petition claiming compensation against the appellant/ the insurer of the vehicle, the fifth respondent/driver of the vehicle and the sixth respondent/owner of the vehicle. The appellant has filed counter disputing the averments of the claim petition and contended that the deceased was solely responsible for the accident and hence, they are not liable to pay the compensation. The fifth and sixth respondents remained ex parte before the tribunal. The respondents 1 to 4 have examined four witnesses on their side viz., PW1 to PW4 and 22 documents have been examined on their side viz., Ex.P.1 to Ex.P.22 and the bank statements of the deceased have been marked as Ex.C.1 and Ex.C.2. The appellant has examined the fifth respondent as RW1 and four documents have been marked viz., Ex.R.1 to Ex.R.4. The Tribunal after considering the pleading, documents and materials available on record concluded that the appellant, the fifth and sixth respondents are jointly liable to pay the compensation of Rs.35,20,000/- to the respondents 1 to 4. Challenging the said award, the appellant has come by way of this appeal and the respondents 1 to 4 have filed the cross objection seeking for enhancement.

3. The primary grievance of the appellant is that