The Divisional Office v. J. Mahalakshmi

JUDGMENT These appeals have been filed by the Oriental Insurance Company against the common award passed by the Motor Accident Claims Tribunal, Special District Judge, Krishnagiri in M.C.O.P.Nos.683 and 684 of 2014, dated

12.12.2018.

¶2The first respondent in both the appeals were the claimants before the Tribunal. The case of the claimants is that, on 09.06.2014, they were travelling in a Scoda car, belonging to the first respondent in the Claim Petitions. At about

7.30 a.m., while the car was coming down the Housing Board Flyover at Kaveripattinam, all of a sudden, the offending vehicle, which was a lorry loaded with sand, abruptly stopped without any signal and as a result, the driver of the car dashed against the rear side of the lorry. The claimants sustained serious injuries, and it is under these circumstances the claim petitions came to be filed before the Tribunal. Page4 of 8

¶3The Tribunal on considering the facts and circumstances of the case, and on appreciation of oral and documentary evidence came to a conclusion that there was negligence both on the car driver as well as the lorry driver and therefore, attributed 50% negligence on each of them.

¶4The Tribunal, thereafter fixed the total compensation in M.C.O.P.No.684 of 2014 at Rs.1,12,500/- under the following heads: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1100% permanent disability (10 x 3000 = 30,000/-) Rs.30,000/-

¶2Medical Expenses Rs.7,000/-

¶3Transport Bills, Nutrition and Attender Charges Rs.15,000/-

¶4Pain and Sufferings Rs.20,000/-

¶5Loss of Amenities and enjoyment of life Rs.20,000/-

¶6Damages to clothing and articles Rs.1,000/-

¶7Partial loss of income Rs.19,500/-Total Rs.1,12,500/-

¶5The Tribunal fixed the total compensation in M.C.O.P.No.682 of 2014 at Rs.29,91,000/- under the following heads: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of earning power Rs.27,00,000/-

¶2Medical Expenses Rs.1,70,000/-

¶3Transport Bills, Nutrition and Attender Charges Rs.20,000/-

¶4Pain and Sufferings Rs.50,000/-

¶5Loss of Amenities and enjoyment of life Rs.50,000/- Page5 of 8

¶6Damages to clothing and articles Rs.1,000/-Total Rs.29,91,000/-

¶6The above compensation amount was directed to be paid with interest at the rate of 9% per annum. Aggrieved by the same, the present appeals have been filed before this Court.

¶7This Court heard Mr.Vijayaraghavan N, learned counsel appearing on behalf of the appellant – Insurance Company and Mr.J.Pradeep, learned counsel for the first respondent; M/s.R.Sreevidhya, learned counsel for the third respondent R3 and Mr.M.Balasaileshwar, learned counsel for Mr.R.Jayaprakash, learned counsel appearing for the fifth respondent.

¶8This Court carefully considered the submissions made by the learned counsel for the appellant and the materials available on record. This Court also carefully went through the award passed by the Tribunal.

¶7The main ground that was urged on the side of the appellant - Insurance Company is that the entire fault was on the part of the driver of the Scoda car, whereas the Tribunal fixed only 50% negligence on the driver of the Scoda car and the remaining 50% was fixed on the lorry driver, by misconstruing the evidence of PW1, P.W.2, R.W.1, R.W.2 and without properly Page6 of 8 appreciating Ex.P1 and Ex.R3. It is contended that at least 75% negligence has to be fixed on the car driver and 25% may be fixed on the lorry driver.

¶8This Court carefully went through the findings of the Tribunal. The Tribunal analyzed the evidence and, by applying the principle of preponderance of probabilities to the manner in which the accident took place with both vehicles coming down the flyover, the Tribunal fixed the negligence at 50% each on the car driver and the lorry driver. This finding does not certainly suffer from any perversity warranting interference by this Court. Just because this Court could come to a different conclusion on the same set of evidence it is not a ground for interference in an appeal. Hence, the finding of the Tribunal attributing 50% negligence to both the vehicles is sustained.

¶9Insofar as the compensation amount fixed by the Tribunal is concerned, the same is found to be just and fair and does not warrant interference by this Court.

¶10The Tribunal has fixed the interest at the rate of 9% per annum, and this Court is inclined to reduce the same to 7.5% per annum.

¶11In the light of the above discussion, these Civil Miscellaneous Appeals stand partly allowed. Pursuant to the interim order passed by this Page7 of 8 Court, 50% of the award amount has already been deposited along with accrued interest and the balance 50% of the award amount along with accrued interest shall be deposited within a period of six (6) weeks from the date of receipt of a copy of this judgment. On such deposit, the claimant in both the appeals are entitled to withdraw the compensation amount along with accrued interest. No costs. Consequently, the connected miscellaneous petitions are closed. 14-07-2026 Index: Yes/No Speaking/Non-speaking order SSI To:

¶1The Special Sub Judge, Motor Accident Claims Tribunal, Krishnagiri.

¶2The Section Officer, High Court, Madras. Page8 of 8 N.ANAND VENKATESH J. SSI AND CMP Nos.2382 & 2385 of 2023 14-07-2026

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA Nos.300 and 301 of 2023 AND CMP Nos.2382 and 2385 of 2023 The Divisional Office The Oriental Insurance Company Ltd., Arunagiri Complex, Byepass road, Hosur. ..Appellant(s) Vs 1. J. Mahalakshmi W/o. Ashwinraj, D.No.32, Samadhanam Nagar, Alamelu Rangapuram, Sathavacheri, Vellore, Vellore Dt. 2. James Peter Kirubagaran S/o. Yesupatham, D.No.1599/1, 9 th Street, Phase II, Sathuvacheri, Vellore. 3. The Branch Office M/s. United India Insurance Co.Ltd., No.35-J, M.B.T. Road, Ranipet 632 401. 4. K. Thamban S/o. Kanniyappan, No.4, 431, Koppakarai Road, Thippireddyhaolli Post, Dharmapuri Dt. 5. J. Prabhakaran S/o. Janagiraman, No.3/191-A, Jeeva Nagar, Belathur Post, Hosur Taluk, Krishnagiri Dt.8 ..Respondent(s) CMA No. 301 of 2023 The Divisional Office The Oriental Insurance co.Ltd., Arunagiri Complex, Byepass road, Hosur. ..Appellant(s) Page2 of 8 Vs 1. Ashwinraj, S/o. Chandrasekar, D.No.32, Samadhanam Nagar, Alamelu Rangapuram, Sathavacheri, Vellore, Vellore District. 2. James Peter Kirubagaran S/o. Yesupatham, D.No.1599/1, 9 th Street, Phase II, Sathuvacheri, Vellore. 3. The Branch Office M/s. United India Insurance Co.Ltd., No.35-J, M.B.T. Road, Ranipet 632 401. 4. K.Thamban S/o. Kanniyappan, No.4, 431, Koppakarai Road, Thippireddyhaolli Post, Dharmapuri District. 5. J. Prabhakaran S/o. Janagiraman, No.3/191-A, Jeeva Nagar, Belathur Post, Hosur Taluk, Krishnagiri Dt. ..Respondent(s) CMA No. 300 of 2023 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree made in MCOP No.683 of 2014 dated 12.12.2018 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Krishnagiri. CMA No. 301 of 2023 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree made in MCOP No.684 of 2014 dated 12.12.2018 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Krishnagiri. Page3 of 8 For Appellant(s): Mr.Vijayaraghavan N For Respondent(s): Mr.J.PRADEEP For R1 M/s.R.Sreevidhya For R3 Mr.M.Balasaileshwar For Mr.R.Jayaprakash For R5