Appeal by the deceased's sister against a tribunal award granting compensation only to the deceased's minor daughter. The court held a class-I legal heir excludes a class-II heir absent proof of dependency, and dismissed the appeal. On mention, it corrected an inadvertent error in the award amount in its earlier order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.No.3027 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2025
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.3027 of 2024
S.Loganayagi
...Appellant
Vs.
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, challenging the judgment and decree in MCOP.No.2748 of 2017 dated 08.09.2023 on the file of the Motor Accident Claims Tribunal/ (No.II Special District Court – Cuddalore).
For Appellant : M/s.Ramya V.Rao
For Respondents : Mrs.R.Rathna Thara, for R2 : Mr.K.V.Ramesh, for R3 & R4 ORDER
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Today, this matter is listed under the caption “For Being Mentioned” at the instance of the Registry.
“ 9. For the reasons aforesaid, this Appeal stands dismissed, confirming the award passed by the tribunal in MCOP.No.2748 of 2017 dated 08.09.2023 and the 2nd respondent-insurance company is directed to deposit the compensation of Rs.16,20,540/- awarded by the tribunal to the credit of MCOP.No.2748 of 2017 along with
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interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less the amount, if any, already deposited, within a period of six weeks (6) from the date of receipt of a copy of this judgment, if not already deposited. On such deposit being made, the Tribunal is directed to invest the same in an interest bearing fixed deposit initially for a period of three years to be renewed till she attains majority and the quarterly interest accrued thereon shall be paid to the 3rd respondent/mother of the minor claimant for being used for the welfare of the minor claimant by the guardian. It is underscored that the 4th respondent is not entitled to any interest for the default period, if any. No costs. ”
21.11.2024 shall remain intact.
12.03.2025
skt
M.DHANDAPANI, J.
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C.M.A.No.3027 of 2024
skt
C.M.A.No.3027 of 2024
12.03.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2024
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C.M.A.No.3027 of 2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.3027 of 2024
S.Loganayagi
...Appellant
Vs.
(Rep. by mother Renuka Parameswari) ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, challenging the judgment and decree in MCOP.No.2748 of 2017 dated 08.09.2023 on the file of the Motor Accident Claims Tribunal/ (No.II Special District Court – Cuddalore).
For Appellant : M/s.Ramya V.Rao For Respondents : Mrs.R.Rathna Thara, for R2 : Mr.K.V.Ramesh, for R3 & R4
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C.M.A.No.3027 of 2024
JUDGMENT
This Civil Miscellaneous appeal has been filed c hallenging the award and decree passed in MCOP.No.2748 of 2017 dated 08.09.2023 on the file of the Motor Accident Claims Tribunal/(No.II Special District Court – Cuddalore).
2. Mrs.R.Rathna Thara, learned counsel takes notice on behalf of the 2nd respondent, Mr.K.V.Ramesh, learned counsel takes notice on behalf of the 3 rd and 4 th respondents. In view of the consent expressed by the learned counsel on either side, this appeal is taken up for final disposal at the admission stage itself.
3. The case of the claimant is that, on 17.04.2017 at about 14.00 hours
when the deceased Saravanan was travelling as a pillion rider in the Hero Splendor Motor Cycle bearing Regn.No.PY-01-CF-0742 driven by the deceased rider Muthukumar @ Muthukumaran on Cuddalore to Nellikuppam Main Road, at that time, the Bus bearing Regn.No.TN-32-AA2799 owned by the 1 st respondent insured with the 2 nd respondent driver by
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its driver came in a rash and negligent manner and dashed against the above said motor cycle, due to which, the deceased Saravanan sustained fatal injuries and died on the spot. Thereby, the appellant filed a claim petition in MCOP.No.2748 of 2017 claiming a compensation of Rs.25,00,000/-. Before the tribunal, the claimant examined two witnesses viz., P.W.1 & P.W.2 and marked exhibits P.1 to P.10 and on the side of respondents, one witness viz., R.W.1 was examined and exhibits R.1 and R.2 were marked. After trial, th e Tribunal, on appreciation of oral and documentary evidence, though came to a conclusion that the accident had taken place solely due to the rash and negligent driving on the part of the driver of the 1 st respondent vehicle, however, fixed 10% contributory negligence on the part of the deceased Saravanan and awarded a meagre compensation of Rs.16,20,540/- in favour of the 4 th respondent/daughter of the deceased alone and rejected the petitioner's claim. Aggrieved with the said order, the appellant has come up with this appeal.
4. Learned counsel for the appellant submitted that, though the appellant is the sister of the deceased Saravanan, however, she has not been granted any compensation towards the death of her brother. Further, though
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the deceased married the 3 rd respondent and out of the wedlock, they were blessed with the 4 th respondent herein, however, subsequently their marriage was dissolved and after the separation, the deceased Saravanan stayed in the appellant's house and he spent his income only for the welfare and development of the appellant and after the demise of her brother, the appellant was put to great hardships. and thereby, the appellant being a dependent and a legal heir/legal representative of the deceased Saravanan, she is entitled for compensation. However, without considering any of the above said facts, the tribunal had mechanically dismissed the claim of the appellant, which is wholly unsustainable. Accordingly, she prayed for appropriate orders.
5. On the above said contentions, heard learned counsel appearing on behalf of the respective respondents and perused the material documents placed on record.
6. The factum and manner of the accident is not in dispute and therefore, this Court is not entering into the said aspect.
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the daughter of the deceased, though the marriage between the deceased Saravanan and the 3rd respondent was dissolved, as on the date of filing of the claim petition, the 4th respondent/daughter of the deceased is very much available and she is a class-I legal heir of the deceased. When the class-I legal heir of the deceased is available, the appellant/sister of the deceased, who is the class-II legal heir cannot claim compensation.
9. For the reasons aforesaid, this Appeal stands dismissed, confirming the award passed by the tribunal in MCOP.No.2748 of 2017 dated 08.09.2023 and the 2nd respondent-insurance company is directed to deposit the compensation of Rs.12,84,385/- awarded by the tribunal to the credit of MCOP.No.2748 of 2017 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded
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by the Tribunal, less the amount, if any, already deposited, within a period of six weeks (6) from the date of receipt of a copy of this judgment, if not already deposited. On such deposit being made, the Tribunal is directed to invest the same in an interest bearing fixed deposit initially for a period of three years to be renewed till she attains majority and the quarterly interest accrued thereon shall be paid to the 3rd respondent/mother of the minor claimant for being used for the welfare of the minor claimant by the guardian. It is underscored that the 4 th respondent is not entitled to any interest for the default period, if any. N o costs.
21.11.2024
skt NCC : Yes/No Index : Yes/No Speaking order : Yes/No
M.DHANDAPANI, J.
skt
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C.M.A.No.3027 of 2024
To:
Th e Motor Accident Claims Tribunal/No.II Special District Court, Cuddalore.
C.M.A.No.3027 of 2024
21.11.2024
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2 issues framed by the court
Whether the sister of the deceased (class-II legal heir) can claim motor accident compensation when a class-I legal heir daughter exists.
Whether paragraph 9 of the dismissal order dated 21.11.2024 should be corrected to state the award amount as Rs.16,20,540/- instead of Rs.12,84,385/-.
1 provisions across 1 enactments
S.Loganayagi
M.Pradeepkumar
Divisional Manager, The New India Assurance Company Limited, Puducherry
Renuka Parameswari
Minor Vijayalakshmi (Rep. by mother Renuka Parameswari)
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
