Case Note & Summary
The Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the insurer and second respondent before the Motor Accidents Claims Tribunal, challenging the award dated March 25, 2022 passed in M.C.O.P. No.2413 of 2019. The claim petition was filed by the dependants of Bharath, who died in a road accident on March 17, 2019. The deceased, aged 31 and working as a Member Technical Staff at Zoho Corporation Pvt. Ltd. earning Rs.1,00,000 per month, was riding his motorcycle bearing Registration No.TN-22-BJ-2212 on Anna Salai, Teynampet when a Tata Super Ace bearing Registration No.TN-31-BB-8038 coming from the opposite direction allegedly crossed the center median and dashed against his motorcycle, causing his instantaneous death. The claimants included his wife, minor son, and parents, who sought compensation of Rs.1,50,00,000. The owner of the offending vehicle, M/s. Kalai Agency, did not contest and was set ex-parte by the Tribunal. The insurer, aggrieved by the Tribunal's award, preferred the present appeal. The appeal was heard by a Division Bench of the Madras High Court comprising Justice J.Nisha Banu and Justice R.Sakthivel, with arguments from Mr.R.Sunilkumar for the appellant and Mr.K.Varadhakamaraj for the respondents 1 to 4. The judgment was reserved on November 18, 2024 and delivered on February 19, 2025. The specific grounds of appeal, the quantum awarded by the Tribunal, the legal issues involved, and the final decision of the High Court are not ascertainable from the available text.
Issue of Consideration
Case Details
2025 LawText (MAD) (02) 202
CMA No.1202 of 2023 and CMP No.11774 of 2023
J. Nisha Banu, R. Sakthivel
Mr.R.Sunilkumar for Appellant; Mr.K.Varadhakamaraj for Respondents 1-4
Reliance General Insurance Co. Ltd.
Geethanjali, Minor Mithran, Padma, Seshadrisreenivasan, M/s.Kalai Agency
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Nature of Litigation
Civil Miscellaneous Appeal under Section 173 of Motor Vehicles Act, 1988 against the award of the Motor Accidents Claims Tribunal
Remedy Sought
Appellant/Insurance Company sought to set aside the Award dated March 25, 2022 in M.C.O.P. No.2413 of 2019
Filing Reason
Aggrieved by the award of the Tribunal, presumably on grounds of liability or quantum
Previous Decisions
The Motor Accidents Claims Tribunal (Chief Court of Small Causes, Chennai) passed an Award on March 25, 2022 in M.C.O.P. No.2413 of 2019 granting compensation to the claimants
Judgment Excerpts
On March 17, 2019 at about 07.00 a.m., while the deceased was riding his motorcycle bearing Registration No.TN-22-BJ-2212 in South to North direction on Anna Salai, Teynampet, along with 4th petitioner in another two wheeler, a Tata Super Ace bearing Registration No.TN-31-BB-8038 driven in a rash and negligent manner coming from the opposite lane, suddenly crossed the center median and dashed against the motorcycle ridden by the deceased and due to the impact, the deceased sustained multiple injuries all over his body.
The first respondent – Company is the owner of the said Tata Super Ace bearing Registration No.TN-31-BB-8038. They did not appear before the Tribunal and contest the Original Petition. Hence, they were set ex-parte by the Tribunal.
Procedural History
The original claim petition, M.C.O.P. No.2413 of 2019, was filed before the Motor Accidents Claims Tribunal (Chief Court of Small Causes, Chennai) by the legal representatives of the deceased. The Tribunal passed its Award on March 25, 2022. Aggrieved, the second respondent (Insurance Company) preferred the present Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988. The appeal was heard and judgment reserved on November 18, 2024, and delivered on February 19, 2025.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173
