In this motor accident case, the appellant insurer challenged the compensation of Rs.31,39,000 awarded by the Tribunal. The High Court upheld the Tribunal's finding, dismissing the appeal.
The Civil Miscellaneous Appeal is dismissed. Connected miscellaneous petition is closed. No costs.
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.(MD)No.115 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.115 of 2025
and
C.M.P.(MD)No.1860 of 2025
The Divisional Manager, Reliance General Insurance Company Ltd., Bye-pass Road, Madurai.
... Appellant
Vs.
... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Order 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 29.09.2023 passed in M.C.O.P.No.443 of 2014 on the file of the Motor Accident Claims Tribunal / Special District Judge, Madurai and allow the civil miscellaneous appeal.
1/8
C.M.A.(MD)No.115 of 2025
For Appellant : Mr.V.Sakthivel For Respondents : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed challenging the order dated 29.09.2023 passed in M.C.O.P.No.443 of 2014 on the file of the Motor Accident Claims Tribunal / Special District Judge, Madurai, and claiming negligence on the part of Tamil Nadu State Transport Corporation driver and objecting as to the quantum fixed by the Tribunal.
per their rank before the learned Tribunal.
(i) On 8.11.2013 at about 07.15 am, on the Madurai-Sivagangai
2/8
C.M.A.(MD)No.115 of 2025
Ring Road at Sivagangai bus stop near police booth, while the deceased was walking on the extreme left of the road, a lorry bearing Registration No.TN-69-AF-3981, which was driven in a rash and negligent manner in a very high speed without observing any rules and regulations of driving, dashed against the TNSTC bus bearing Registration No.TN-58-N-1930 and the bus in turn dashed against the deceased. The deceased Saravanan immediately fell down and sustained multiple grievous injuries all over the body and died on the spot. Immediately, the deceased was taken to the Government Rajaji Hospital at Madurai for post-mortem. Claiming to compensate the death of the said Saravanan, his surviving legal heirs, namely, his parents and sister, have laid M.C.O.P.No.443 of 2014 before the learned Tribunal. The deceased was 18 years old at the time of his death.
(ii) A criminal case was registered as against the first respondent driver in Crime No.442 of 2013 for the offence punishable under Sections 279, 337 and 304-A of IPC, at the Karuppayurani Police Station.
(iii) The first respondent is the owner of the lorry, and the second
3/8
C.M.A.(MD)No.115 of 2025
respondent is the insurer of the said vehicle. During the pendency of the trial, the second respondent / Insurance Company filed a counter statement stating that without the negligent act of the vehicle bearing Registration No.TN-58-N-1930 i.e., TNSTC bus, the accident would not have happened. Hence, the owner of the said vehicle is a necessary party to the claim petition. Consequently, the Managing Director of Tamil Nadu State Transport Corporation, Madurai, was impleaded as the third respondent.
(iv) The learned Trial Court examined two witnesses as P.W.1 and P.W.2 on the side of the petitioners and marked Ex.P.1 to Ex.P.17. No witnesses were examined nor any documents marked on the side of the respondents.
(v) On the basis of the evidence deposed, documents submitted and the arguments put forth by the respective parties, the learned Trial Court proceeded to partly allow the claim petition, directing the second respondent / Insurance Company to pay a compensation of Rs.31,39,000/to the claimants. Challenging the same, the second respondent / Insurance Company has preferred this appeal before this Court.
4/8
C.M.A.(MD)No.115 of 2025
5/8
C.M.A.(MD)No.115 of 2025
which, the bus was constrained to dash as against the deceased and losing control over the vehicle, the lorry further dashed against the police booth till it was stalled. As a consequence, the head of the deceased was severed and his body was smashed to pulp.
6/8
C.M.A.(MD)No.115 of 2025
National Insurance Company Limited Vs. Pranay Sethi and Others1 , the learned Tribunal had fixed the notional monthly income of the deceased as Rs.20,000/- and had adopted a multiplier of 18. As a result of which, the learned Tribunal awarded a compensation of Rs.31,39,000/-.
07.02.2025
NCC : Yes / No Index : Yes / No Internet : Yes jbr
7/8
C.M.A.(MD)No.115 of 2025
L.VICTORIA GOWRI, J.,
jbr
To
C.M.A.(MD)No.115 of 2025
07.02.2025
8/8
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal stands sustainable in the eyes of law.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi and OthersExplained¶53
National Insurance Company Limited Vs. Pranay Sethi and Othersnopara 53
Divisional Manager, Reliance General Insurance Company Ltd.
Thangavel
Manoranjetham
Sasikala
Subbulakshmi
Tamilnadu State Transport Corporation
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
