Madras High Court
CMA/450/2023 of The New India Assurance Co.Ltd. Vs Udayakumar on 12 October 2026
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. 450 of 2023
CNR:{HCMA011783752022}
AND
CROS.OBJ NO. 29 OF 2023,CROS.OBJ NO. 33 OF 2023,CMA NO. 452
OF 2023,CMP NO. 3771 OF 2023,CMP NO. 3764 OF 2023
The New India Assurance Co.Ltd.,
Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem -6
..Appellant(s)
Vs
1. Udayakumar
S/O. Selvam, No.87, Collectors Bungalow Back Side, Aathukadu, Salem -636 007
2. Kamalakannan
S/O. Mahendran, No.94-C,07, Aatthukadu,
Hasthamapatty, Salem - 636 007.
..Respondent(s)
CROS.OBJ No. 29 of 2023
CNR:{HCMA010596352023}
Udhayakumar
S/O. Selvam, No.87, Collector’s Bungalow Back Side, Aathukadu, Salem -636 007.
..Cross Objector(s)
Vs
1. The New India Assurance Co. Ltd
Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem -6.
2. Kamalakannan
S/O. Mahendran, No.94-C,07, Aathukadu,
Hasthamapatty, Salem - 636 007.
..Respondent(s)
CROS.OBJ No. 33 of 2023
CNR:{HCMA010598462023}
1. Chitra
W/O Sekar No.138a, Muniyappan Kovil Street, Chinnapudur, Alagapuram Post, Salem-16
2. Minor Kiruthika
D/O. Sekar,No.138a, Muniyappan Kovil Street, Chinnapudur, Alagapuram Post, Salem-16.
Cross objector being minor are represented by Next friend / Mother 1st Cross Objector
3. Minor Divya
D/O. Sekar,No.138a, Muniyappan Kovil Street, Chinnapudur, Alagapuram Post, Salem-16
Cross objector being minor are represented by Next friend / Mother 1st Cross Objector
4. Pushpa
W/O Kathirvel, No.138a, Muniyappan Kovil Street, Chinnapudur, Alagapuram Post, Salem-16
..Cross Objector(s)
Vs
1. The New India Assurance Co.Ltd.
Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem-6
2. Kamalakannan
S/o. Mahendran, No.94-C, 07, Aatthukadu, Hasthampatty, Salem- 636 007.
..Respondent(s)
CMA No. 452 of 2023
CNR:{HCMA011783742022}
The New India Assurance Co. Ltd. ,
Divisional Office , Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem-6
..Appellant(s)
Vs
1. Chitra
W/O Sekar No.138a, Muniyappan Koil Street, Chinnapudur, Alagapuram Post, Salem-16
2. Minor Kiruthika
D/O. Sekar, No.138a, Muniyappan Koil Street, Chinnapudur, Alagapuram Post, Salem-16
2nd respondent being minor is represented by next friend / Mother 1st respondent herein
3. Minor Divya
D/O. Sekar, No.138a, Muniyappan Koil Street, Chinnapudur, Alagapuram Post, Salem-16
3rd respondent being minor is represented by next friend / Mother 1st respondent herein
4. Pushpa
W/O. Kathirvel, No.138a, Muniyappan Koil Street, Chinnapudur, Alagapuram Post, Salem-16
5. Kamalakannan
S/O Mahendran, No.94-C, 07, Aatthukadu,
Hasthampatty ,Salem- 636 007.
..Respondent(s)
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking to set aside the Award dated 19th day of July, 2022
made in MCOP No.262 of 2017, on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Salem and be pleased to dismiss the claim for compensation.
CROS.OBJ No. 29 of 2023
Prayer:
Cross Objection filed under Order 41 Rule 22 of C.P.C. seeking to enhance the award with interest at the rate of 18% per annum and costs.
CROS.OBJ No. 33 of 2023
Prayer:
Cross Objection filed under Order 41 Rule 22 of C.P.C. seeking to enhance the award with interest at the rate of 18% per annum order passed in MCOP No.1495 of 2018 dated 19.07.2022 on the file of Motor Accident Claims Tribunal Chief Judicial Magistrate Court, Salem and costs.
CMA No. 452 of 2023
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking to set aside the Award dated 19th day of July, 2022
made in MCOP No.1495 of 2018 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Salem.
For Appellant(s):
For Cross Objector(s):
Mr.S.Dhakshnamoorthy
in both CMAs.
Ms.D.Jeevitha
in both Cross Objectors
For Respondent(s):
Ms.D.Jeevitha for R1
R2 – No Appearance
in CMA 450 of 2023
Ms.D.Jeevitha for R1 to R4
R5 – No Appearance
in CMA 452 of 2023
Mr.S.Dakshnamoorthy for R1
in both the Cross Objections
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Common Judgment
(Judgment of the Court was delivered by M.Dhandapani J.) The civil miscellaneous appeals as well as the cross objections have been filed against the judgment and decree dated 19.07.2022 in M.C.O.P.Nos.262 of 2017 and 1495 of 2018 respectively, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Salem.
2. The second respondent before the Motor Accident Claims Tribunal is the appellant in the civil miscellaneous appeals (hereinafter referred to as 'Insurance Company') and the respective petitioners before the Motor Accident Claims Tribunal are the cross objectors in the cross objections (hereinafter referred to as 'claimants').
3. The brief facts of the case is that on 23.04.2016 at about 3.30 hours, Udhayakumar (claimant in M.C.O.P.No.262 of 2017), deceased Sekar and one Kannadasan were travelling as passengers in a Bolero Pick up Van bearing Registration No.TN 30 BC 8842 belonging to the second respondent in CMA 450 of 2023 and fifth respondents in CMA 452 of 2023 and insured with the Insurance Company, on Tumkur to Bangaluru NH-4 towards Salem near Binnamangala Petrol Bunk. At that time, the driver of the Van drove the vehicle in a rash and negligent manner and dashed against the wall on the road and caused the accident, due to which, Udhayakumar sustained injuries, Sekar lost his life.
4. Thereafter, the injured claimant and the dependants of the deceased Sekar / first respondent in CMA 450 of 2023 and respondents 1 to 4 in CMA 452 of 2023/ cross objectors in cross objections filed claim petition before the Motor Accident Claims Tribunal, claiming compensation of Rs.70 Lakhs and Rs.75 Lakhs respectively.
5. After adjudication, the Motor Accident Claims Tribunal, awarded a sum of Rs.31,06,964/- and Rs.47,79,478/- respectively, as compensation to the claimants and directed the Insurance Company to pay the compensation amount with interest at the rate of 9% p.a. from the date of petition i.e., 27.07.2017 and
18.01.2018 respectively, till the date of realization with proportionate costs.
6. Before the Tribunal, the claimants examined themselves as P.W.1 and P.W.2 and also examined P.W.3 to P.W.5 and marked Ex.P1 to Ex.P.39. The Insurance Company examined R.W.1 and R.W.2/ Insurance Company official and marked Ex.R1 to Ex.R5. Further witness exhibits Ex.X1 to Ex.X3 and Court exhibit Ex.C1 were also marked.
7. The learned counsel appearing for the Insurance Company submitted that the seating capacity of the van is 2 including driver, but at the time of accident four persons travelled in the Van as unauthorized gratuituous passenger. Without considering the same, the Tribunal fixed the entire liability on the Insurance Company, which is not sustainable one. The learned counsel further submitted that the claimant in M.C.O.P.No.262 of 2017 sustained only 45% disability, however, the Tribunal awarded compensation by adopting multiplier method, which is not sustainable one and further submitted that in respect of the claimants in M.C.O.P.No.1495 of 2018, without any evidence, the Tribunal fixed the notional monthly income of the deceased Sekar as Rs.15,000/- which is on higher side and the amount awarded as Medical expenses is also onerous and hence the impugned award warrants interference.
8. Per contra, the learned counsel appearing for the Cross Objectors submitted that the injured and the deceased travelled as owner of the goods in the vehicle insured with the Insurance Company and they did not travel as unauthorized gratuituous passengers and further submitted that the Tribunal after considering all the factual aspects, fixed the liability on the Insurance Company.
9. The learned counsel appearing for the Cross Objectors further submitted that the claimant in M.C.O.P.No.262 of 2017 was running mutton stall. Though he sustained 45% disability, due to the injuries sustained by him, he is not able to do his work and hence the Tribunal treated the disability as functional disability and awarded compensation by adopting multiplier method, however, the Tribunal awarded compensation only for 45% disability and not for 100% disability.
10. The learned counsel appearing for the Cross Objectors further submitted that immediately after the accident, the deceased was taken to VP Mangnus Hospital, Karnataka, where he was given first aid and was thereafter he was shifted to NUMHANS hospital, Bangalore and was subsequently admitted at Neuro Foundation Hospital, Salem and was admitted as inpatient from 23.04.2016 to 25.04.2016 and was again shifted to KMCH Hospital, Coimbatore and admitted as inpatient from 25.04.2016 to 25.05.2016 and thereafter took treatment in SPMM Hospital, Salem and thereafter he fell in coma and subsequently died and the medical bills were marked as Ex.P27. The Tribunal on the basis of Ex.P27 awarded medical expenses. Further, the Tribunal fixed the notional monthly income of the deceased Sekar as only Rs.15,000/-. The learned counsel further submitted that the claimants are entitled for enhancement in compensation.
11. Heard the learned counsel appearing for the Insurance Company as well as the learned counsel appearing for the Cross Objectors and perused the materials available on record.
12. The accident and the manner in which the accident happened is not disputed. Perusal of records disclose that the vehicle insured with the Insurance Company is designed as goods vehicles, for which the Motor Vehicle Rules permits six persons to travel other than driver and the injured and the claimant travelled as owner of the goods in the vehicle and they did not travel as unauthorized gratuituous passengers and hence the Tribunal fixed the liability on the Insurance Company, which warrants no interference.
13. Insofar as the quantum of compensation is concerned, the tribunal after elaborately discussing the factual aspects has awarded the compensation which is just and reasonable and the same warrants no interference.
14. The civil miscellaneous appeals as well as the cross objections are dismissed. The judgment and decree dated 19.07.2022 in M.C.O.P.Nos.262 of 2017 and 1495 of 2018 respectively, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Salem, is confirmed. No costs. Consequently, the connected miscellaneous petitions are 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, Chief Judicial Magistrate Court, Salem.
M.DHANDAPANI J. AND DR.A.D.MARIA CLETE J. pri CMA No. 450 of 2023 AND CROS.OBJ NO. 29 OF 2023,CROS.OBJ NO. 33 OF 2023,CMA NO. 452 OF 2023,CMP NO. 3771 OF 2023,CMP NO. 3764 OF 2023 12-10-2026