Advocates:
['M/S RAMYA V RAO', 'M/S P SANKARANARAYANAN', '', 'R REFUSED', 'R RAJESH']

C.M.A.Nos.2698 & 1961 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

C.M.A.Nos.2698 and 1961 of 2021

and

C.M.P.No.10572 of 2021

C.M.A.No.2698 of 2021

1.R.Sai Sumathi

2.S.Abinaya

3.S.Agalya

4.R.Thirugnanamoorthy

5.K.Lilli Ammal

... Appellants

Vs.

1.R.Karunanithi

2.United India Insurance Company Ltd.,

Third Party Service Hub, Plot Nos.35,36,37

A R Plaza, 45 Feet Road,

Balaji Nagar Extn, Saram

Pondicherry – 605011.

... Respondents

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C.M.A.Nos.2698 & 1961 of 2021

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, 1988, against the Judgment and decree dated 16.10.2020

made in M.C.O.P.No.163 of 2017 on the file of Motor Accident Claims Tribunal,

Special Sub-ordinate Judge, Cuddalore.

For Appellants : M/s.Ramya V.Rao

For Respondents : R1 – Notice - Refused.

Mr.P.Sankaranarayanan for R2.

C.M.A.No.1961 of 2021

M/s.United India Insurance Co.Ltd.,

Motor Third Party Service Hub,

A.R.Plaza, No.35,36 & 37,

45 feet Road, Balaji Nagar Extn, Saram

Puducherry-605 011 .

... Appellant

Vs.

1.R.Sayee Sumathy

2.S.Abinaya

3.S.Akalya

4.R.Thirugnanamoorthy

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C.M.A.Nos.2698 & 1961 of 2021

5.K.Lilliyammal

6.R.Karunanithi

... Respondents

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, 1988, against the Judgment and decree dated 16.10.2020

made in M.C.O.P.No.163 of 2017 on the file of Motor Accident Claims Tribunal,

Special Sub-ordinate Judge, Cuddalore.

For Appellants : Mr.P.Sankaranarayanan

For Respondents : M/s.Ramya V.Rao for R1 to R5.

R6 – Notice - refused.

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by SUNDER MOHAN,J.)

C.M.A.No.2698 of 2021 is filed by the claimants for enhancement of

compensation granted by the Tribunal in the award dated 16.10.2020 made in

M.C.O.P.No.163 of 2017 on the file of Motor Accident Claims Tribunal, Special

Sub-ordinate Judge, Cuddalore and C.M.A.No.1961 of 2021 is filed by the

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C.M.A.Nos.2698 & 1961 of 2021

Insurance Company against the award dated 16.10.2020 made in M.C.O.P.No.163

of 2017 on the file of Motor Accident Claims Tribunal, Special Sub-ordinate

Judge, Cuddalore.

2.Both the appeals arise out of the same accident and same award and

hence, they are disposed of by this common judgment. Parties in these appeals are

hereinafter referred to by their rank in the appeal in C.M.A.No.2698 of 2021. (for

the sake of convenience)

3.The Appellants filed M.C.O.P.No.163 of 2017 on the file of Motor

Accident Claims Tribunal, Special Sub-ordinate Judge, Cuddalore, claiming a sum

of Rs.40,00,000/- as compensation for the death of T.Sudhanthiran, who died in

the accident that took place on 15.10.2016.

4.The appellants are wife, children and parents of the deceased

Sudhanthiran. It is the case of the appellants that on 15.10.2016 at about 3.00 a.m,

the deceased was traveling in Maruthi Alto car bearing Registration No. TN-22-

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C.M.A.Nos.2698 & 1961 of 2021

AX-8759 driven by one Shamsudeen on the Kumbakonam - Chennai Main road

NH-45. A tipper lorry bearing Registration No.TN-31-M-1801 was parked in the

center of the said road near Karaimedu Mariyamman Temple, without following

the traffic rules and without any parking lights. The driver of the car could not see

the tipper lorry at the center of the road, since it was dark and hence dashed

against the parked tipper lorry from behind. In the said impact, the deceased

sustained multiple injuries and succumbed injuries on the same day. The

appellants therefore filed the claim petition claiming a sum of Rs.40,00,000/- as

compensation against the owner