[Cites 2, Cited by 0]
Madras High Court
M/S.United India Insurance Co. Ltd vs Chandrasekar on 9 January, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 10.12.2025
Pronounced on 09.01.2026
CORAM
THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI
C.M.A. No.1839 of 2022
and C.M.P. No.13286 of 2022
M/s.United India Insurance Co. Ltd.,
Vellala Street, Raghavan Complex,
1st Floor, Ariyalur-621 704
..Appellant
.vs.
1.Chandrasekar
2.Nallammal ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1988, against the decree and judgment dated 09.08.2021 made in
M.C.O.P.No.31 of 2017 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Ariyalur.
For Appellant : Mr. S.Arun Kumar
For Respondents : Ms.A.Subadra
for Mr.C.Jayaprakash for R1
No appearance for R2
JUDGMENT
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This Civil Miscellaneous Appeal has been filed against the decree and
judgment dated 09.08.2021 made in M.C.O.P.No.31 of 2017 on the file of the
Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.
2.Briefly stated, accident took place on 12.11.2016, when tractor bearing
Registration no. TN 46 D 8860 dashed against the two wheeler of the claimant.
The Tractor was owned by 2 nd respondent/ Nallammal and insured with the
appellant/Insurance Company. As a result of this accident, the claimants suffered
grievous injuries on his right leg and injuries all over the body. His allegation is
that the alleged accident happened due to rash and negligent driving of the
tractor. The opposition to the claim is that the claimant himself fell down from
the two wheeler and sustained injuries. The claims Tribunal holds that the
tractor was being driven rashly and negligently and caused the accident, is
proved and awarded a sum of Rs.13,17,010/- as compensation to the claimant.
3.Through this appeal, award has been challenged on the grounds namely
negligent, apportionment on contributory negligence and quantum.
4. Mr.S.Arun Kumar, learned counsel for the appellant/Insurance
Company would submit that the Tribunal erred in holding the driver of the
Tractor responsible to the extent of 70% inspite of the fact that the alleged
accident has occurred due to the 1 st respondent's own negligence which is
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substantiated by Ex.R1 AR copy, in which it is mentioned that the claimant
himself fell down from the two wheeler and sustained injuries. Hence, the
appellant/Insurance Company is not liable to pay compensation.
5.On the other hand, Ms.A.Subadra for Mr.C.Jayaprakash learned counsel
for the 1st respondent/Claimant submits that the alleged accident took place due
to the rash and negligent act of the driver of the tractor. The claims Tribunal
after appreciating the materials on record rightly fixed 70 % contributory
negligence, which warrants any interference by this Court.
6.I have considered the submissions of the learned counsel for the
respective parties.
7. As regards negligence, the Tribunal had taken note of the oral evidence
as well as Ex.P.1 FIR and Ex.P.6 copy of the judgement in S.T.C.No.277/2018
dated 22.04.2018, where the driver of the tractor admitting his negligence, paid
the fine, and applying the principles of 'preponderance of probabilities'' laid
down in United India Insurance Company Ltd., Vs. Krishnaveni and others
reported in 2016 (1) TNMAC 563 DB has held that the driver of the offending
vehicle was responsible to the accident to the extent of 70% contributory
negligence. Apart from that, the Tribunal has considered the evidence of the
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eyewitnesses P.W.2 and P.W.3 and came to the conclusion that the driver of the
tractor was at fault. Though, the appellant/Insurance Company has relied on
Ex.R.1 copy of accident register, the claimant has clearly deposed that due to the
said accident he was unconscious and therefore he was not aware about what
was registered by the Doctor in the accident register. This evidence of the
claimant was not discredited by the appellant /Insurance Company. In fact, the
appellant / Insurance Company neither examined the driver of the tractor or the
Investigating Officer to prove the manner of accident. No independent witness
was also examined to prove the manner of accident. However, the Tribunal has
recorded a finding of fact that accident occurred due to rash and negligent
driving of the offending vehicle and also recorded a finding that the injured also
contributed to the negligence and apportioned 30% contributory negligence to
the claimant. This finding of the Tribunal is based on proper analysis of
evidence brought on record and there appears to be no illegality in the same.
Therefore, this Court do not find any reason to interfere with the findings of the
Tribunal relating to negligence.
8.With reference to quantum of compensation, the Tribunal has awarded a
sum of Rs.17,56,440/- towards loss of income. Considering the nature of injury
sustained by the claimant and his avocation. The Tribunal has also allowed a
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sum of Rs.50,000/- for loss of amenities considering the disability suffered by
the claimant. Thus, in this manner the total amount of compensation determined
by the Tribunal is Rs.18,81,440/- and after deducting 30% for the contributory
negligence, the Tribunal has awarded a sum of Rs.13,17,010/- as compensation
for the injury sustained by the claimant. On a careful consideration of the entire
facts and circumstances no illegality or infirmity is found in the award passed by
the learned Tribunal.
9.There is no force in the civil miscellaneous appeal and the same is
dismissed as devoid of merits. No costs. Consequently, connected miscellaneous
petition is closed.
09.01.2026
Index : Yes
Speaking Order
Neutral citation : Yes
vsn
To
1.The Chief Judicial Magistrate,
Motor Accident Claims Tribunal,
Ariyalur.
2.The Section Officer,
V.R.Section, High Court, Madras.
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K.GOVINDARAJAN THILAKAVADI, J.
vsn
09.01.2026
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