##PAGE1##

C.M.A(MD)No.728 of 2025 & Cros.Obj(MD)No.36 of 2025

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.728 of 2025 &

Cros.Obj(MD)No.36 of 2025

and

C.M.P(MD)Nos.11518 & 18462 of 2025

1.C.M.A(MD)No.728 of 2025

The Divisional Manager,

TP HUB,

M/s.United India Insurance Company Limited,

No.7-A, West Veli Street,

Madurai – 625 001. ... Appellant/2^nd Respondent

-vs-

1.M.Petchi

2.Minor M.Muthupandi

3.Minor M.Muthupriya ... Respondents 1 to 3/Petitioners

4.Pandi ... 4^th Respondent/1^st Respondent

5.Kali ... 5^th Respondent/3^rd Respondent

1/12

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 11:01:34 am )

##PAGE2##

C.M.A(MD)No.728 of 2025 & Cros.Obj(MD)No.36 of 2025

(Minor R2 & R3 are represented by R1)

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of

Motor Vehicles Act, 1988, against the award dated 03.03.2025

passed in M.C.O.P.No.2067 of 2023 on the file of the Motor

Accidents Claims Tribunal (Special District Court), Madurai.

For Appellant : Mr.I.Robert Chandrakumar

For R – 1 to R – 3

& R - 5 : Mr.K.Kumaravel

2.Cros.Obj(MD)No.36 of 2025

1.M.Petchi

2.Minor M.Muthupandi

3.Minor M.Muthupriya ... Cross Appellants/Respondents

(Minor P2 & P3 are represented by P1)

-vs-

1.The Divisional Manager,

TP HUB,

M/s.United India Insurance Company Limited,

No.7-A, West Veli Street,

Madurai – 625 001. ... 1^st Respondent/Appellant

2.Pandi ... 2^nd Respondent/4^th Respondent

2/12

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 11:01:34 am )

##PAGE3##

C.M.A(MD)No.728 of 2025 & Cros.Obj(MD)No.36 of 2025

3.Kali ... 3^rd Respondent/5^th Respondent

PRAYER: Cross Appeal filed under Order 41 Rule 22 of C.P.C as

against the order in M.C.O.P.No.2067 of 2023 on the file of the

Motor Accidents Claims Tribunal (Special District Court), Madurai,

dated 03.03.2025.

For Appellant : Mr.K.Kumaravel

For R – 1 : Mr.I.Robert Chandrakumar

COMMON JUDGMENT

(Judgment of the Court was delivered by

G.K.ILANTHIRAIYAN, J.)

C.M.A(MD)No.728 of 2025 has been filed by the

appellant/Insurance Corporation challenging the award passed in

M.C.O.P.No.2067 of 2023, dated 03.03.2025 on the file of the Motor

Accidents Claims Tribunal (Special District Court), Madurai.

2.Cross Objection(MD)No.36 of 2025 has been filed by the

respondents 1 to 3 seeking for enhancement of the award passed in

3/12

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 11:01:34 am )

##PAGE4##

C.M.A(MD)No.728 of 2025 & Cros.Obj(MD)No.36 of 2025

M.C.O.P.No.2067 of 2023, dated 03.03.2025, on the file of the

Motor Accidents Claims Tribunal (Special District Court), Madurai.

3.Both the appeal and cross objection arise out of the same

award and as such, a common order is passed.

4.For the sake of convenience and brevity, the parties

hereinafter are referred to as per their status / ranking in

C.M.A(MD)No.728 of 2025.

5.The respondents 1 to 3 are the claimants who filed a

claim petition seeking compensation to the tune of Rs.50,00,000/- as

against the appellant and the fourth respondent for the demise of the

husband of the first claimant. The case of the claimants is that on

08.07.2022 at about 21.00 hours, when the deceased was riding his

motorcycle bearing Registration No.TN-63-D-3413 on the

Sivagangai - Madurai main road, on the left hand side of the road,

4/12

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 11:01:34 am )

##PAGE5##

C.M.A(MD)No.728 of 2025 & Cros.Obj(MD)No.36 of 2025

proceeding from east to west, the fourth respondent's vehicle bearing

Registration No.TN-63-F-8304, which came from the opposite

direction ie., from west to east, driven by its driver in a rash and

negligent manner, dashed against the deceased's vehicle. Due to the

said accident, the deceased sustained multiple injuries and was

immediately taken to the Government Rajaji Hospital Madurai. He

was admitted as an inpatient from 08.07.2022 to 12.07.2022.

However, inspite of treatment, he succumbed to the injuries on

12.07.2022. Based on the complaint, an F.I.R was reg

Click Here to Read the rest of this document