RELIANCE GENERAL INSURANCE CO.LTD vs KASTHURI
- Court
- Madras High Court
C.M.A.No.1324 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
C.M.A.No.1324 of 2023
and
C.M.P.No.13260 of 2023
CNR: {HCMA011080522023}
Reliance General Insurance Co. Ltd.,
th
Reliance Building, 4 Floor,
Shastri Bhavan,
Nungambakkam, Chennai – 600 006. ... Appellant
Vs
1. Kasthuri
2. Minor Parameswari
(minor rep. by her mother and next friend
st
Kasthuri- 1 respondent)
3. Arayimma
4. E.Jayaraman ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, praying to set aside the order of Award dated 29.11.2022
passed in M.C.O.P.No.11 of 2019 on the file of the Motor Accidents Claims
Tribunal, (IV Additional District and Sessions Judge), Tiruvallur at Ponneri.
For Appellant : Mr.G.Vasudevan
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C.M.A.No.1324 of 2023
For Respondents : Mr.S.Giritharan [R1 & R2]
Died (Steps due) [R3]
No Appearance [R4]
*
JUDGMENT
(Judgment of the Court was delivered by M.Dhandapani J.)
Challenging the finding on negligence as well as the quantum of
compensation awarded by the Tribunal in M.C.O.P.No.11 of 2019, dated
29.11.2022, the insurance company has filed the present appeal.
2. The respondents 1 to 3/claimants are the wife, daughter and mother of
the deceased Sivaraj. On 30.08.2018 at about 06.30 p.m., when the deceased
was riding his motorcycle bearing Regn.No.TN-18-AJ-834 at Athipattu Pudhu
Nagar, the offending vehicle lorry bearing Regn.No.TN-18-AZ-4912, belong to
st nd
the 1 respondent and insured with the 2 respondent, was driven by its driver
in a rash and negligent manner and hit the deceased. As a result, the deceased
sustained fatal injuries all over his body and died at Stanley Hospital. Therefore,
the claimants have filed a claim petition before the Tribunal claiming a
compensation of Rs.92,16,000/-, which was restricted to Rs.21,00,000/- for the
death of the deceased.
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C.M.A.No.1324 of 2023
3. Before the Tribunal, the claimants have examined 2 witnesses viz.,
P.W.1 and P.W.2 and marked 10 documents viz., Ex.P.1 to Ex.P.10. On the side
of the respondents, they have examined 2 witnesses as R.W.1 and R.W.2 and
marked 3 documents viz., Ex.R.1 to Ex.R.3. After adjudication, the Tribunal has
allowed the petition and awarded a sum of Rs.25,21,000/- as compensation to
the claimants. Aggrieved by the said Award, the insurance company has filed
the appeal challenging the findings on negligence and the quantum of
compensation.
4. The learned counsel appearing for the appellant-Insurance Company
would submit that at the time of accident, the deceased was not wearing a
helmet and did not possess a valid driving licence. To support its claim, the
appellant/insurance company has let in evidence through R.W.1, the Assistant
RTO. Further, he submitted that as per Ex.R.3, the copy of the Accident
Register, it is clear that the deceased was admitted in the hospital under the state
of alcohol. Despite the oral and documentary evidence, no negligence was
attributed to the deceased, which is wholly unsustainable. He further submitted
that though the claimants claimed that the deceased was working as a lorry
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C.M.A.No.1324 of 2023
driver earning a sum of Rs.35,000/- per month at the time of the accident,
however, they failed to provide any appropriate document to substantiate the
same. When such being the case, the Tribunal had fixed a sum of Rs.15,000/- as
notional income of the deceased, which is on the higher side. Accordingly, he
prays for allowing this appeal.
5. Per contra, the learned counsel appearing for the respondents 1 and 2/
claimants 1 and 2 would submit that the claimants had established the
negligence of the driver of the offending vehicle by marking Ex.P1/F.I.R. and
examining P.W.2, an eyewitness to the occurrence. The evidence of P.W.2 and
the F.I.R. clearly establish the manner in which the accident occurred. Further,
there is no averments found regarding the allegation that the deceased was
under the influence of alcohol at the time of accident. The Tribunal, after
appreciating the evidence on record, rightly fixed negligence on the driver of the
lorry, and there is no ground to interfere with the said finding. He further
submitted that based on the materials available on record, the Tribunal has
awarded just and reasonable compensation under various heads and, therefore,
the same does not require any interference. Accordingly, he prays for dismissal
of appeal.
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6. Heard the learned counsel appearing for the appellant-insurance
company and the learned counsel appearing for the respondents 1 and 2/
claimants 1 and 2 and perused the materials available on record.
7. As regards negligence, this Court has carefully scrutinised the evidence
of P.W.2, who is an eyewitness alongside Ex.P1, the copy of F.I.R. The
testimony of P.W.2 clearly outlines the rash and high-speed manoeuvring of the
offending lorry that directly led to the collision. The appellant-Insurance
Company relies on Ex.R.3, copy of the Accident Register, to assert that the
deceased was under the influence of alcohol. It is a well-settled principle of law
that the mere presence of alcohol or an "alcoholic breath" noted in a medical
entry is insufficient to prove contributory negligence. No scientific report or
quantitative proof was produced to demonstrate that the deceased was incapable
of driving or that his state contributed to the crash. Furthermore, regarding the
lack of a driving licence and helmet, the Hon'ble Supreme Court has
consistently held that driving without a licence or helmet does not automatically
equal contributory negligence unless a direct causal nexus is proven between the
omission and the occurrence of the accident itself. The mechanical impact was
initiated solely by the rash driving of the lorry driver. Therefore, the finding of
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C.M.A.No.1324 of 2023
the Tribunal that the driver of the offending vehicle was solely responsible for
the accident is perfectly sound and suffers from no infirmity.
8. As regards the quantum of compensation, it is noted that the claimants
asserted the deceased was working as a heavy vehicle driver. Even in cases
where exact documentary proof of income is missing, the Courts must adopt a
realistic and pragmatic approach considering the cost of living and minimum
wage indicators at the time of the accident. A skilled heavy vehicle driver
naturally commands a decent wage structure. Considering the nature of the
employment and prevailing socio-economic factors, the fixation of a notional
income of Rs.15,000/- per month by the Tribunal cannot be termed excessive or
robust as per the judgment of a Division Bench of this Court in the case of
Andal & Ors. v. Avinav Kannan and another [2019 (1) TN MAC 54 (DB)]. It
represents a balanced assessment to ensure "just compensation" as mandated by
the Motor Vehicles Act. The computation under other conventional heads also
aligns securely with established statutory limits and judicial precedents.
Therefore, the compensation awarded by the Tribunal under various heads are
also not shown to warrant interference. Hence, this appeal is liable to be
dismissed.
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C.M.A.No.1324 of 2023
9. Accordingly, the Civil Miscellaneous Appeal is dismissed and the
impugned award dated 29.11.2022 passed by the Motor Accidents Claims
Tribunal, (IV Additional District and Sessions Judge), Tiruvallur at Ponneri is
confirmed. The appellant-insurance company is directed to deposit the entire
award amount as awarded by the Tribunal to the credit of M.C.O.P.No.11 of
2019 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 by the Tribunal, less, the
amount, if any already deposited, within a period of four (4) weeks from the
date of receipt of a copy of this judgment. On such deposit being made, the
st st
Tribunal is directed to transfer the share of the 1 respondent/1 claimant
directly to her bank account through RTGS within a period of two (2) weeks
nd
thereafter. Further, the Tribunal is also directed to deposit the share of the 2
nd
respondent/2 claimant in an interest yielding fixed deposit with any one of the
Nationalised Banks, initially for a period of one year to be renewed at periodic
intervals until she attains majority and interest derived from out of the said
st nd
deposit shall be paid to the 1 respondent, who is the mother of the 2
respondent, every quarter, to be utilised for the welfare of the said minor
nd nd
claimant. After attaining majority, it is open to the 2 respondent/2 claimant to
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C.M.A.No.1324 of 2023
file necessary application to establish her majority, at which point of time, the
Tribunal is directed to transfer the amount in the fixed deposit directly to the
nd nd
bank account of the 2 respondent/2 claimant through RTGS within a period
of two (2) weeks thereafter. No costs. Consequently, the connected civil
miscellaneous petition is closed.
(M.D.I.,J.) (A.D.M.C.,J.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sp
To
The Motor Accidents Claims Tribunal,
(IV Additional District and Sessions Judge),
Tiruvallur at Ponneri.
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C.M.A.No.1324 of 2023
M.DHANDAPANI, J.
AND
DR.A.D.MARIA CLETE, J.
sp
C.M.A.No.1324 of 2023
and
C.M.P.No.13260 of 2023
26-10-2026
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