CMA No. 1965 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1965 of 2023 AND CMA NO. 1501 OF 2023,CMA NO. 1940 OF 2023 1. Devika W/o. Vediyappan, Pandithar Street, Mashar Village, Kallaraipadi Post, Chengam Taluk, Tiruvannamalai District. Appellant(s) Vs 1. The Joint Director Health Service, Thiruvallur, Kancheepuram District. 2.The Divisional Manager TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. Respondent(s) CMA No. 1501 of 2023 1. Janaki W/o. Saravanan, Eda Street, Mashar https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 Village, Kallaraipadi Post, Chengam Taluk, Tiruvannamalai District. Appellant(s) Vs 1. The Joint Director Health Service, Thiruvallur, Kancheepuram District. 2.The Divisional Manager TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. Respondent(s) CMA No. 1940 of 2023 1. Arunachalam W/o. Vediyappan, Pandithar Street, Mashar Village, Kallaraipadi Post, Chengam Taluk, Tiruvannamalai District. Appellant(s) Vs 1. The Joint Director Health Services, Thiruvallur, Kancheepuram District. 2.The Divisional Manager TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 Respondent(s) CMA No. 1965 of 2023 PRAYER To enhance and to set aside the award dated 26-07-2022 and made in MACTOP No.783 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thiruvannamalai CMA No. 1501 of 2023 PRAYER To set aside the Award dated 26.07.2022 and made in MACTOP.No. 781 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thiruvannamalai CMA No. 1940 of 2023 PRAYER To enhance and to set aside the award dated 26-07-2022 and made in MACTOP No.782 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thiruvanamalai CMA No. 1965 of 2023 For Appellant(s): Ms.N.Lavanya For Mrs.M.Malar For Respondent(s): Mr.J. Michael Visuvasam For R2 R1 - Exparte ORDER It is brought to the notice of this Court that some typographical error crept in para 4 & 6 in the order dated 05.06.2025 and the same may be replaced as follows: https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 4. ..........In all other respects, the award remains unchanged including 15% granted towards contributory negligence by the tribunal. The enhanced compensation would be a sum of Rs.5,20,911/- . The enhanced amount would be a ......... S.No. Description Amount awarded by tribunal (Rs.) Amount awarded by this Court(Rs.) Award confirmed or enhanced or granted or reduced 1. ..... Total Rs.4,81,911/- Rs.5,20,911/- ( 15% deducted under contributory negligence(Rs. 78,137/-)) Rs.4,42,775/- Enhanced Accordingly, this Civil Miscellaneous Appeal in CMA No. 1501 of 2023 is partly allowed. The 2 nd respondent/Insurance Company is directed to deposit the entire compensation amount of Rs.4,42,775/- with interest @ 7.5% per annum, less the amount already deposited............. 6........ In all other respects, the Award remains unaltered including !5% contributory negligence granted towards contributory negligence by the tribunal. The enhanced amount would be a........ S.No. Description Amount awarded by tribunal (Rs.) Amount awarded by this Court(Rs.) Award confirmed or enhanced or granted or reduced 1. Disability 15,000x12x14 x25% Rs.2,50,000/- Rs.6,30,000/- Enhanced 2. .... .... ... ... Total Rs.5,06,000/- Rs.9,90,000/- ( 15% deducted under contributory negligence(Rs. 1,48,500/-)) Rs.8,41,500/- Accordingly, this Civil Miscellaneous Appeal in CMA No. 1965 of 2023 is partly allowed. The 2 nd respondent/Insurance Company is directed to deposit the entire compensation amount of Rs.8,41,500/- with interest @ 7.5% per annum, less the amount already deposited............. https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 2. Registry is directed to carry out the above corrections and issue fresh order copy to the parties. 18-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No CMA No. 1965 of 2023 To 1.The Joint Director Health Service, Thiruvallur, Kancheepuram District. 2.The Divisional Manager TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. CMA No. 1501 of 2023 To 1.The Joint Director Health Service, Thiruvallur, Kancheepuram District. 2.The Divisional Manager https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. CMA No. 1940 of 2023 To 1.The Joint Director Health Services, Thiruvallur, Kancheepuram District. 2.The Divisional Manager TATA AIG Genral Insurance Company Limited, Samson Towers, 2nd Floor, 403L, Pantheon Road, Chennai - 600 008. https://www.mhc.tn.gov.in/judis CMA No. 1965 of 2023 T.V.THAMILSELVI J. pbl CMA No. 1965 of 2023 AND CMA NO. 1501 OF 2023,CMA NO. 1940 OF 2023 18-07-2025 https://www.mhc.tn.gov.in/judis