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C.M.A(MD)No.319 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

AND

THE HONOURABLE MS.JUSTICE R.POORNIMA

C.M.A(MD)No.319 of 2024

and C.M.P(MD)Nos.4384 of 2024 & 871 of 2026

The Branch Manager,

United India Insurance Company Limited,

L.I.C Divisional Office Building,

Jeevan Prakash, Ground Floor,

No.39, Gandhiji Road,

Thanjavur – 613 001. ... Appellant/2^nd Respondent

-vs-

1.Sripriya

2.Minor Mahashree

3.Minor Anumitha

4.Minor Sabari

5.Chinnaiya

6.Sundarambal ... Respondents 1 to 6/Claimants

7.Selvaraj ... 7^th Respondent/1^st Respondent

(Minor respondents 2 to 4 are represented through

the first respondent/mother)

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C.M.A(MD)No.319 of 2024

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of

Motor Vehicle Act, 1988, to set aside the Judgment and Decree dated

21.03.2023 passed in M.C.O.P.No.800 of 2018 on the file of the

Motor Accidents Claims Tribunal (Additional District Court),

Pudukottai.

For Appellant : Mr.I.Robert Chandrakumar

For RR 1 to 6 : Mr.N.Kamesh

JUDGMENT

(Judgment of the Court was delivered by

G.K.ILANTHIRAIYAN, J.)

This Civil Miscellaneous Appeal has been filed as against

the Judgment and Decree passed in M.C.O.P.No.800 of 2018, dated

21.03.2023, on the file of the Motor Accidents Claims Tribunal

(Additional District Court), Pudukottai.

2.The respondents 1 to 6 are the claimants and filed a claim

petition seeking compensation of Rs.20,00,000/- due to the demise

of the husband of the first claimant in an accident. The deceased, in

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C.M.A(MD)No.319 of 2024

order to purchase paddy straw for their cattle, hired a Tata Ace

vehicle bearing Registration No.TN-55-AJ-8974 on 07.02.2018

from a person at Aadhanakottai, Kalloorani, Orathanadu Taluk,

Thanjavur District. The vehicle was parked in the shore of

Kalloorani pond to load the paddy straw at about 10.00 a.m. P.W.1,

who is the first claimant, assisted in loading the paddy straw and the

deceased loaded the paddy straw into the vehicle. While being so,

the vehicle's insurer suddenly moved the vehicle as if the entire

paddy straw had been loaded and no one was in the vehicle. As a

result, the deceased lost his balance and fell down from the vehicle,

sustaining grievous injuries. He was immediately taken to the

hospital and treated as an inpatient in the Thanjavur Medical College

Hospital from 07.02.2018 to 15.03.2018. Thereafter, for higher

treatment, he was admitted as an inpatient at N.B.H Hospital,

Thanjavur from 15.03.2018 to 20.03.2018. He was then admitted in

Pondicherry Jipmer Hospital on 21.03.2018. However due to the

injuries sustained by him, he died on 05.05.2018 at about 12.20 p.m.

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C.M.A(MD)No.319 of 2024

3.In order to prove the claim, the claimants examined

P.W.1 and marked Exs.P1 to P13. On the side of the appellant and 7^th

respondent, the 7^th respondent himself was examined as D.W.1, who

is the insurer of the vehicle and no documents were marked.

4.On perusal of the oral and documentary evidence, the

Tribunal allowed the claim petition and awarded compensation to

the tune of Rs.27,91,800/-. Aggrieved by the same, the present

appeal has been preferred by the Insurance Company.

5.The learned counsel appearing for the appellant

submitted that after the alleged occurrence, the complaint was

lodged three months later and the FIR was registered only on

05.05.2018. There was no valid reason for the delay in lodging the

complaint. Furthermore, PW.1 lodged a complaint alleging that

when the vehicle was parked to load the paddy straw, the driver was

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C.M.A(MD)No.319 of 2024

not present and the engine was switched off. According to P.W.1,

due to the heavy sunlight, the deceased fainted and fell down from

the vehicle, sus

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