BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/03/2026 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE P.DHANABAL CMA(MD)Nos.188 of 2019 and 200 of 2022 (1).CMA(MD)No.188 of 2019:-

ICICI Lombard General Insurance Co., Dr.Rajkumar Road, Bangalore, Karnataka State Through its Branch Manager. : Appellant/2^nd Respondent Vs.

1.Muthusamy

2.Visalakshi

3.Lakshmi Rajam

4.Minor Ram Aravind

5.Minor Vijay Aravind ; Respondents 1 to 5/Petitioners (Minors 4th and 5th respondents through their Mother and Guardian Lakshmi Rajam

3rd respondent herein)

6.Chikkana : 6^th Respondent/1^st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree, dated 18/04/2018 in MCOP No.43 of 2013 on the file of the Motor Accident Claims Tribunal, Ambasamudram, Tirunelveli District.

For Appellant : M/s.V.Muthukamatchi For R1, R3 to R5 : Mr.P.Saravanan for Mr.A.Sivaji For R2 : Died For 6th Respondent : Given up (2).CMA(MD)No.200 of 2022:-

1.Muthusamy

2.Visalkshi

3.Lakshmi Rajam

4.Minor Ram Aravind

5.Minor Vijay Aravind : Appellants/Petitioners (Minor petitioners 4 and 5 rep.

Through their mother and guardian Lakshmi Rajam/3rd petitioner herein)

Vs.

1.Chikkana

2.ICICI Lambard, General Insurance Co., Dr.Rajkumar Road, Bangalore, Karnataka State through its Branch Manager : Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the compensation award to Rs.5,00,00,000/- (Five Crores) as claimed by the appellants/Petitioners by modifying the fair and decreetal order in MCOP No.43 of 2013, dated 18/04/2018 passed by the Motor Accident Claims Tribunal-cum-Subordinate Judge, Ambasamudram.

For Appellants 1, 3 to 5 : Mr.P.Saravanan for Mr.A.Sivaji For 2nd Appellant : Died For R1 : Tapal return For R2 : No appearance

COMMON JUDGMENT

(Common Judgment of the Court was made by the Hon'ble P.DHANABAL, J.

Both the Civil Miscellaneous Appeals have been filed as against the fair and decreetal order passed in MCOP No.43 of 2013, dated 18/04/2018 passed by the Motor Accident Claims Tribunal-cum-Sub Judge, Ambasamudram.

2.The appellants in CMA(MD)No.200 of 2022 and the respondents 1 to 5 in CMA(MD)No.188 of 2019 have filed the claim petition for the death of one Babu Aravind claiming a sum of Rs.5,00,00,000/- as compensation. The Tribunal has awarded a sum of Rs.47,95,000/- with interest at the rate of 7.5%

per annum.

3.Aggrieved by the above said fair and decreetal order, the claimants have preferred appeal in CMA(MD)No.200 of 2022 for enhancement of compensation amount, whereas the second respondent Insurance Company has preferred appeal in CMA(MD)No.188 of 2019 as against the award of the Tribunal.

4.Since both the appeals arising out of the same fair and decretal order, this Court heard both appeals together and inclined to pass a common order.

5.The appellant in CMA(MD)No.188 of 2019 herein after referred as '2^nd respondent' and the appellants in CMA(MD)No.200 of 2022 hereinafter referred as 'claimants'

6.The claimants 1 to 5 have filed the claim petition for the death of one Babu Aravind. According to the claimants, the said Babu Aravind was aged about 41 years and was doing granite and blue-metal business and was earning Rs.6,00,000/- per month. On 14/01/2012 at about 03.30 a.m, the said Babu Aravind while travelling with his driver in a Maruthi Desire Car bearing registration No.TN-76-H-1881 on the Chittor main road, at about 05.00 a.m, a Bus bearing registration No.KA-01-D-9353 belonging to the first respondent came in a rash and negligent manner and dashed against the Car from behind and then dashed against the Lorry bearing registration No.TN-25-K-5627. As a result of which, Babu Aravind who travelled in the Car died on the spot.

6.1.The accident took place due to the negligence of the driver of the first respondent. The first respondent vehicle was insured with the second respondent.

6.2.The first petition