Madras High Court
Sangareswari vs R.Raja on 12 September, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1211 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
C.M.A.No.1211 of 2021
1. Sangareswari
2. Krishna (minor)
3. Kanshika (minor)
(Minors 2 and 3 are represented by their mother
Sangareswari first appellant)
4.Kamatchiammal ... Appellants
Vs.
1. R.Raja
2. Shriram General Insurance Company Limited,
'Mookambika Complex',
2nd Floor, No.4, Lady Desika Road,
C.P.Ramasamy Road, Mylapore,
Chennai – 600 004. ...
Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 18.12.2019 in
M.C.O.P.6999 of 2014 on the file of the Motor Accident Claims Tribunal,
Page 1 of 7
https://www.mhc.tn.gov.in/judis
C.M.A.No.1211 of 2021
V Small Causes Court, Chennai.
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Ms.R.Sreevidhya
JUDGMENT
The appellants are the claimants in M.C.O.P.6999 of 2014 on
the file of the Motor Accident Claims Tribunal, V Small Causes Court,
Chennai. They filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.50,00,000/- for the death
of one Muthukaruppan, (husband of first claimant, father of claimants 2
and 3 and son of fourth claimant) in a road accident that took place on
07.10.2014.
2. The brief case of the appellants / claimants is as follows :
On 07.10.2014, Muthukaruppan (since deceased) was walking
along 100 feet road, Vadapalani, Chennai and at about 9.15 p.m. a
speeding Tata Sumo Car bearing Registration Number TN-01-AD-0384
belonging to the first respondent, hit him, resulting in his instantaneous
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death.
3. According to the claimants, the rash and negligent driving of
the driver of the Tata Sumo Car bearing Registration Number TN-01-AD-
0384 belonging to the first respondent was the cause of the accident and
that since the said vehicle was insured with the second respondent, the
Shriram General Insurance Company Limited, the owner of the Tata
Sumo Car and the insurer are jointly and severally liable to pay
compensation to them.
4. In the Tribunal, the owner of the Tata Sumo Car remained
absent and was set ex parte. The second respondent, Insurance
Company resisted the claim petition on all the grounds available to the
insurer under Section 170 of the Motor Vehicles Act.
5. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the driver of the Tata Sumo Car bearing
Registration Number TN-01-AD-0384 and held that the owner of the two
wheeler and the insurer are jointly and severally liable to pay
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compensation of Rs.26,40,000/- to the appellants/claimants together with
interest at the rate of 7.5% per annum from the date of petition till the
date of realisation, vide its orders dated 18.12.2019.
6. Aggrieved over the quantum of compensation awarded by
the Tribunal, the appellants / claimants have filed the present appeal
under Section 173 of the Motor Vehicles Act, 1988.
7. Heard Mr.K.Varadha Kamaraj, learned counsel appearing
for the appellants and Ms.R.Sreevidhya, learned counsel appearing for
the second respondent.
8. Mr.K.Varadha Kamaraj, learned counsel appearing for the
appellants contended that the Tribunal, after analysing the evidence on
record, has not awarded just compensation and therefore, the same has to
be enhanced.
9. Per contra Ms.R.Sreevidhya, learned counsel appearing for
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the second respondent contended that the Award passed by the Tribunal
is based on the well laid principles of law which were in vogue at the time
of passing of the order and therefore, the same need not be disturbed at
this stage.
10. A perusal of the orders passed by the Tribunal shows that
just compensation has been awarded to the claimants and therefore, the
appeal stands dismissed.
11. In the result,
i. the Civil Miscellaneous Appeal is dismissed. No costs.
ii. the Award dated 18.12.2019 in M.C.O.P.6999 of 2014 on the file
of the Motor Accident Claims Tribunal, V Small Causes Court,
Chennai, is hereby confirmed.
12.09.2024
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
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mtl
To
1.The Motor Accident Claims Tribunal, V Small Causes Court, Chennai,
2. Shriram General Insurance Company Limited,
'Mookambika Complex',
2nd Floor, No.4, Lady Desika Road,
C.P.Ramasamy Road, Mylapore,
Chennai – 600 004.
3.The Section Officer, VR Section, Madras High Court, Chennai.
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R. HEMALATHA, J.
mtl
12.09.2024
https://www.mhc.tn.gov.in/judis
