The main legal point established in the judgment is the application of the principles of preponderance of probability to determine negligence in motor accident cases, and the distinction between negligence in civil and criminal law.

S. MANIKUMAR, J.

1. In the accident, which occurred, on 28.4.2009, between a Hero Honda Motor Cycle, bearing Registration No. TN-24D-7570 and a Tempo trax vehicle, bearing Registration No. TN-09G-1814, belonging to the Deputy Director of Medical Services, Dharmapuri, Motorcyclist Balaji, aged about 32 years, stated to have worked as Assistant Manager (Administration), in S.R.C. Project Private Ltd. Salem and Manivannan, aged about 25 years, an Agriculturalist and Contractor/self-employed, sustained serious injuries and both died on the spot. In this regard, a case in Crime No. 377 of 2009, under Sections 279, 337 and 304-A of the Indian Penal Code has been registered, against the driver of the tempo trax, on the file of Harur Police Station.

2. Legal representatives of Balaji, wife, two minor children and parents filed M.C.O.P. No. 383 of 2009, on the file of the Motor Accident Claims Tribunal, Sub-Court, Harur, claiming compensation of Rs. 20 lakhs, under various heads.

3. Legal representatives/parents of Manivannan filed M.C.O.P. No. 384 of 2009, on the file of the Motor Accident Claims Tribunal, Sub-Court, Harur, claiming compensation of Rs. 10 lakhs, under various heads.

4. In both the claim petitions, the Deputy Director of Medical Services, Dharmapuri, denied the manner of accident, as alleged by the legal representatives of the deceased. He further contended that while attempting to over take the bus and without noticing the tempo trax vehicle, the motor cyclist came to the wrong side of the road and despite the driver of the tempo trax, applying sudden brake, to avoid the accident, the motorcyclist dashed against the tempo trax and thus, caused the accident. Without prejudice to the above, the Deputy Director of Medical Services, Dharmapuri, disputed the age, avocation, income and the quantum of compensation claimed under various heads.

5. As both the claim petitions arose out of the same accident, evidence being common, they were tried together.

6. Wife of the deceased Balaji has been examined as PW-1 and father of the deceased Manivannan has been examined as PW-2. They deposed that when the motorcycle was driven, near Nambipatty bus stop bridge, about 16.30 hours, a tempo trax vehicle, bearing Registration No. TN-09G-1814, driven in a rash and negligent manner, dashed against the motor cycle, dragged the same to some distance and then stopped. Both the rider and the pillion sustained grievous injuries, and died on the spot.

7. PW-4 Selvaraj, stated to have witnessed the accident, has lent supportive evidence. Corroborating the oral testimony, legal representatives filed Ex.P.1, dated 28.4.2009, First Information Report registered against the driver of the tempo trax. On the other hand, RW-1 driver of the tempo trax vehicle, has adduced evidence to the effect that while overtaking the bus, the motorcyclist, dashed against tempo trax vehicle and relied on the judgment, in C.C. No. 197 of 2009, on the file of the learned Judicial Magistrate, Harur. He further drew the support of RW-2, an other witness.

8. On evaluation of pleadings and evidence, by observing that the decision, in C.C. No. 197 of 2009, on the file of the learned Judicial Magistrate, Harur, would not bind the claimants/ respondents and that RW-2 during cross-examination has deposed that he did not see the accident that therefore, his evidence cannot also be relied on, the Claims Tribunal came to the conclusion that the driver of tempo trax was negligent in causing the accident.

9. On the quantum of compensation, in M.C.O.P. No. 383 of 2009, legal representatives have contended that Balaji Motorcyclist was working as Assistant Manager (Administration) in S.R.C. Project Private Limited, Salem and earned Rs. 20,000/- p.m. To prove the educational qualifications, PW-1 wife of Balaji has relied on Ex.P.5 Transfer Certificate, Ex.P.8 Provisional certificate of B.Sc. degree, Ex.P.9 computer training program certificate and Ex.P.10 Certificate of Diploma in Co-o