The Divisional Manager vs J.Palani
2025 Latest Caselaw 1170 Mad

Citation : 2025 Latest Caselaw 1170 Mad
Judgement Date : 5 June, 2025

Madras High Court

The Divisional Manager vs J.Palani on 5 June, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                  CMA No. 917 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 05-06-2025

                                                          CORAM

                              THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                               CMA No. 917 of 2023
                                                    AND
                                              CMP NO. 8461 OF 2023
                 1. The Divisional Manager
                 The New India Assurance Co Ltd, DO,
                 II Floor, Arcot Road, Woodland
                 Complex, No 1, Bharathi Road,
                 Cuddalore 607 001.

                                                                                       Appellant(s)

                                                               Vs

                 1. J.Palani
                 W/o A.Jayashankar, Res at No 318,
                 Arasamarathu Street,
                 Thiruvandhipuram, Pathirikuppam,
                 Cuddalore Taluk 607 401.

                 2.Minor J.Mythreyan
                 S/o A.Jayashankar, Res at No 318,
                 Arasamarathu Street,
                 Thiruvandhipuram, Pathirikuppam,
                 Cuddalore Taluk 607 401. Rep by their
                 mother Palani as Guardian and Next
                 Friend



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                                                                                CMA No. 917 of 2023



                 3.Minor J.Upendran
                 S/o A.Jayashankar, Res at No 318,
                 Arasamarathu Street,
                 Thiruvandhipuram, Pathirikuppam,
                 Cuddalore Taluk 607 401. Rep by their
                 mother Palani as Guardian and Next
                 Friend

                 4.A.Dhanam
                 W/o Adhimoolam, Res at No 318,
                 Arasamarathu Street,
                 Thiruvandhipuram, Pathirikuppam,
                 Cuddalore Taluk 607 401.

                 5.Adhimoolam
                 S/o Gopala Gounder, Res at No 318,
                 Arasamarathu Street,
                 Thiruvandhipuram, Pathirikuppam,
                 Cuddalore Taluk 607 401.

                 6.T.Vignesh
                 S/o Thiruvarasamoorthy, No 198, South
                 Street, Sendirakillai, Thatchakasu Post,
                 Cuddalore District 608 501.

                                                                                     Respondent(s)
                                              CMA No. 917 of 2023

                 PRAYER
                 To set aside the Judgement and Decree passed by the tribunal in the above
                 MCOP No.1924 of 2019 on the file of the Motor Accidents Claims Tribunal (1
                 st Additional District and Sessions Judge, FAC) at Cuddalore dated 13.07.2022
                 and thus render justice.




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                                                                                     CMA No. 917 of 2023



                                                   CMA No. 917 of 2023
                                   For Appellant(s):  M.Krishnamoorthy

                                   For Respondent(s):      M/s. S.C. Vishwanth For R1 To
                                                           R5 R6 - Exparte

                                                        JUDGEMENT

This Civil Miscellaneous Appeal has been filed to set aside the

Judgement and Decree passed by the tribunal in the above MCOP No.1924 of

2019 on the file of the Motor Accidents Claims Tribunal (1 st Additional

District and Sessions Judge, FAC) at Cuddalore( in short 'tribunal') dated

13.07.2022.

2. The brief facts of the case:

On 03.04.2019 at about 5.45 hours when the deceased was riding his

Hero Splendor Motor Cycle bearing registration number TN 31 R 8422 from

East to West, at a moderate speed, keeping extreme left opposite to Chetta shop,

Pillalithotti, he turned to north after showing proper indicator signals, and at that

time, the first respondent's Bajaj Pulsar Motor Cycle Registration number TN91

E 4627 came from East to West, at a great speed in a rash and negligent manner

and without making horn and hit against the deceased motor cycle due to which

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he sustained fatal injuries. Thereafter, claimant filed MCOP No. 1924 of 2019

before the tribunal claiming Rs.75,00,000/- compensation. On Considering oral

and documentary evidence, the tribunal awarded Rs.31,88,000/-. Challenging

the quantum of compensation, the insurance company preferred this appeal.

3. The learned counsel for the appellant submits that the tribunal ought to

have fixed contributory negligence on the part of the deceased for riding a two

wheeler without wearing helmet in contravention of Section 129 of Motor

Vehicle Act resulting in sustaining fatal head injuries as evident from Ex.P1/FIR

and Ex.P10/Post mortem examination report. So also, excessive award was

passed by the tribunal by fixing Rs.20,000/- as monthly income without any

proof. Further, he submitted that deceased wife owned separate JCB and Tractor

she is having business as there is no loss of income to the family despite the

tribunal fixed the compensation. Hence, he prayed to set aside the award.

4. The learned counsel for the claimant/respondent herein submits that

they produced the documents before the tribunal which was marked as Ex.P1 to

Ex.P16 based on which tribunal fixed Rs. 20,000/- as income. Further, he would

submits that JCB and Tractor are stands in the name of his wife but it could be

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utilised by her husband alone. Hence, he prays to dismiss this petition.

5. Admittedly, as per the post-mortem report, due to the head injury he

was died and travelled without wearing helmet which is contravention to the

Section 129 of Motor Vehicle Act. Considering the above, there is a negligence

on the part of the deceased. Hence, this Court is inclined to fix 10%

contributory negligence on the part of the deceased. The award passed in other

heads remains unchanged. Further, the pay and recovery ordered by the tribunal

also confirmed.

6. Claimant is entitled to compensation under various head.

                  S.No.                  Head                        Compensation               Compensation
                                                                     awarded by the            awarded by this
                                                                        tribunal                   Court
                  1.         Loss of Income                      Rs.29,25,000/-              Rs.29,25,000/-
                  2.         Loss of spousal consortium          Rs.44,000/-                 Rs.44,000/-
                  3.         Loss of Parental consortium         Rs.88,000/-                 Rs.88,000/-
                  4.         Loss of filial consortium           Rs.88,000/-                 Rs.88,000/-
                  5.         Funeral expenses and loss Rs.33,000/-                           Rs.33,000/-
                             of estate
                  6.         Transport charges                   Rs.10,000/-                 Rs.10,000/-
                             Total                               Rs.31,88,000/-              Rs.31,88,000/-




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7. As discussed above, there is a contributory negligence on the part of

the deceased. Hence, this Court fix 10% contributory negligence on the part of

the deceased. Accordingly, this Court deduct 10% from the total compensation.

Thereby, the claimants are entitled to Rs.28,69,200/-. The appellant is directed

to deposit a sum of Rs.28,69,200/- to the credit of MCOP No.1924 of 2019 on

the file of the Motor Accidents Claims Tribunal (1st Additional District and

Sessions Judge, FAC), Cuddalore with interest at the rate of 7.5% per annum

from the date of petition till payment within a period of 8 weeks from the date

of receipt of copy of this judgment. On such deposit, the claimants are permitted

to withdraw the said amount by filing appropriate application before the

Tribunal.

8. With the above direction, the Civil Miscellaneous Appeal is partly