Madras High Court

CMA/342/2023 of THE BRANCH MANAGER Vs MEENA on 12 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

AND

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

CMA No. 342 of 2023 And

CMP No.2836 of 2023

CNR: {HCMA010898592020}

The Branch Manager

The Oriental Insurance Co Ltd, Office At 2/7-16, Bangalore Main Road, 2nd Floor Vijay Shopping Complex, Zuzuvadi SIPCOT-I Post, Hosur Taluk, Krishnagiri District.

..Appellant(s)

Vs

1. Meena

W/o. Late R.Vijaykanth, Res At, D.No.644, Poonga Nagar, 3rd Cross Zuzuvadi, SIPCOT-I

Post, Hosur Taluk, Krishnagiri District.

2. Minor Sakthivel

S/o. Late R.Vijaykanth, Res At, D.No.644, Poonga Nagar, 3rd Cross Zuzuvadi, SIPCOT-I

Post, Hosur Taluk, Krishnagiri District.

Rep by N.F. Guardian/Mother Meenachi

3. Minor Praveen

S/o. Late R.Vijaykanth, Res At, D.No.644, Poonga Nagar, 3rd Cross Zuzuvadi, SIPCOT-I

Post, Hosur Taluk, Krishnagiri District.

Rep by N.F. Guardian/Mother Meenachi

4. Santhi

W/o. M.Radhakrishnan, Res At, D.No.644,

Poonga Nagar, 3rd Cross Zuzuvadi, SIPCOT-I

Post, Hosur Taluk, Krishnagiri District.

5. M.Radhakrishnan

S/o. Late Manikkam , Res At, D.No.644,

Poonga Nagar, 3rd Cross Zuzuvadi, SIPCOT-I

Post, Hosur Taluk, Krishnagiri District.

6. K.Kunjumon

S/o. Kunju Kunju, Res At, 1/279, Nethaji Nagar, Zuzuvadi, SIPCOT-I Post, Hosur Taluk, Krishnagiri District.

..Respondent(s)

Prayer:

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 19.09.2019 made in MCOP No.419 of 2017 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Hosur.

For Appellant(s):

Mr.S.Arun Kumar

For Respondent(s):

Mr.R.Palayan for R1 to R3

Mr.R.Suresh Babu for R4 and R5

R6 – No Appearance

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JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed against the judgment and decree dated 19.09.2019 passed by the Motor Accidents Claims Tribunal, Additional District Judge, Hosur, in M.C.O.P.No.419 of 2017.

2. The learned counsel appearing for the appellant submitted that the dependants of the deceased R.Vijaykanth/ claimants filed claim petition before the Motor Accidents Claims Tribunal claiming compensation of Rs.1 Crore alleging that on 19.04.2017 at about 2.00 p.m., the deceased was driving his two wheeler TVS Star City bearing Registration No.TN-7-/S-3979 along with his wife from Zuzuvadi to Hosur in the left side of the service road between RTO office outer check post and Venkateswara Petrol Bunk. At that time, the Crane vehicle bearing Registration No.TN-7/B-2129 driven by its driver in a rash and negligent manner from Zuzuvadi to Hosur in the same direction and hit the deceased’s head with crane hook from behind the deceased, due to which, the deceased died on the spot. After adjudication, the Tribunal awarded a sum of Rs.44,19,000/- as compensation to the claimants along with interest at 7.5% p.a. from the date of petition till the date of realization, excluding the default period, if any with proportionate costs and directed the appellant to deposit the award amount.

3. The learned counsel appearing for the appellant further submitted that aggrieved by the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal.

4. The learned counsel appearing for the appellant further submitted that the accident is of the year 2017 and the deceased claims to be a Graduate working as Accountant, however, the Tribunal fixed the notional monthly income of the deceased as Rs.20,000/- which is on the higher side. The learned counsel further submitted that the compensation awarded under the other heads also are on higher side.

5. The learned counsel appearing for the claimants submitted that the Tribunal after considering all the factual aspects, awarded compensation which is just and reasonable and the same warrants no interference.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. Before the Tribunal, on the side of the claimants four witnesses were examined as P.W.1 to P.W.4 and exhibits Ex.P1 to Ex.P23 were marked. On the side of the appellant Insurance Company one witness was examined as R.W.1 and one exhibit Ex.R1 was marked.

8. Perusal of records reveal that on 19.04.2017 at about 2.00 p.m., the deceased was driving his two wheeler TVS Star City bearing Registration No.TN-7-/S-3979 along with his wife from Zuzuvadi to Hosur in the left side of the service road between RTO office outer check post and Venkateswara Petrol Bunk. At that time, the Crane vehicle bearing Registration No.TN-7/B-2129 driven by its driver in a rash and negligent manner from Zuzuvadi to Hosur in the same direction and hit the deceased’s head with crane hook from behind the deceased, due to which, the deceased died on the spot.

9. The appellant has filed this appeal questioning the quantum of compensation awarded by the Tribunal. The accident is of the year 2017 and the claimants claim that the deceased was earning Rs.25,000/- per month and also marked Ex.P12 salary certificate, however, the Tribunal fixed the notional monthly income of the deceased as Rs.20,000/-, which is just and reasonable. In the opinion of this Court, the Tribunal after considering all the factual aspects, awarded compensation which is just and reasonable and the same warrants no interference.

10. The civil miscellaneous appeal is dismissed. The judgment and decree dated 19.09.2019 passed by the Motor Accidents Claims Tribunal, Additional District Judge, Hosur, in M.C.O.P.No.419 of 2017, is confirmed. No costs. Consequently, the connected miscellaneous petition is closed. (M.D.I.,J.) (A.D.M.C.,J.) 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Motor Accidents Claims Tribunal, Additional District Judge, Hosur.

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri CMA No. 342 of 2023 And CMP No.2836 of 2023 12-10-2026

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