Authority: High Court of Judicature at Madras
Order Date: 06-07-2026
Case Overview
- Appellant: United India Insurance Co. Ltd (Branch Manager, Vellore).
- Respondents: R.S. Kuberan (father), Powna (mother), Manikandan (brother) of the deceased Ms. Kaviyarasi/Kalayarasi.
- Accident occurred on 12-02-2006 at 3:30 PM on Bargur‑Krishnagiri Road near Bargur Government Engineering College; two‑wheeler driven rashly, victim fell as pillion rider and died at 10:40 PM the same day. FIR No.37 of 2006 lodged at Kandikuppam Police Station.
- Claim filed before Motor Accident Claims Tribunal (Special District Court), Krishnagiri (MCOP No.561 of 2013).
- Insurance company contested, alleging deceased was wife of the rider and rider held no valid licence, seeking dismissal.
- Tribunal, after evaluating eyewitness PW2 testimony and FIR, held accident caused solely by rash negligent riding and awarded total compensation of Rs 8,08,000, broken down as: Future loss of income Rs 6,48,000; loss of love and affection to petitioners 1 & 2 Rs 50,000 each (total Rs 1,00,000); loss of love and affection to petitioner 3 Rs 25,000; transport to hospital Rs 10,000; funeral expenses Rs 25,000. Interest at 7.5% per annum from filing date to payment was also ordered.
- Appeal filed under Section 173 of the Motor Vehicles Act challenging both liability and quantum.
Final Outcome
- The High Court affirmed the Tribunal’s findings on liability, noting no positive evidence against the insurer.
- The Court found the quantum of Rs 8,08,000 just and proper.
- The civil miscellaneous appeal (No.852 of 2022) and the connected CMP (No.6257 of 2022) are dismissed.
- United India Insurance Co. Ltd is directed to deposit the full award amount with accrued interest within six weeks of receipt of this judgment; no costs awarded.
Topics: Motor Accident Compensation, Insurance Liability