The driver of the tractor was found to be negligent, and the claimants were entitled to compensation based on the loss of dependency. The court applied the multiplier method to calculate the loss of dependency and awarded compensation for various other heads of damages.

KRISHNAN RAMASAMY, J.

1. The appellant/Insurance Company has preferred the present appeal in CMA.No.2750 of 2015 and claimants have filed Cross Objection No.82 of 2016 against the order of Motor Accident Claims Tribunal, Principal Sub Court, Tiruppur in MCOP No.1217 of 2011 dated 27.11.2014.

2. Heard Mr.S.Manohar, the learned counsel appearing for the appellant and Mr.Ma.Pa.Thangavel, the learned counsel appearing for the respondents 1 to 4.

3. The brief facts of the case are as follows:-

On 24.06.2011 at about 1:00 p.m. the deceased (S.A.Subramanian) was riding a motor cycle bearing registration No.TN 56 B 5889 with one Karuppusamy as a pillion rider on the Kunnathur to Perumanallur main road from west to east direction adhering to the traffic rules and regulations and when the deceased was nearing Thoravallur parivu on the said road one Easwaramoorthy being the driver of the Tractor bearing registration No.TN 23 Z 1578 drove the Tractor in a rash and negligent manner from opposite direction of the road without any horn and signal and hit the motor cycle of the deceased. Due to the sudden hit by the Tractor the deceased and the pillion rider were thrown away on the road with motor cycle and sustained injuries. The deceased sustained severe injuries on head, chest, abdomen, hip, leg and all over the body. The deceased was immediately taken to K.G.Hospital, Coimbatore and admitted as an inpatient from 24.06.2011 to 25.06.2011. However the deceased died on 25.06.2011. Therefore, the case of the petitioners was that due to the rash and negligent driving of the driver of the Tractor the accident occurred and the driver is solely responsible for causing the accident

4. After the said accident, the Kunnathur Police registered a case against the driver of the Tractor (Easwaramoorthy). The deceased was aged about 46 years and he was the owner of bore well machine (digging of borewell), machinery workshop, petrol bunk, agriculture and doing real estate business. Therefore according to the respondents 1 to 5 (herein after called as petitioners/cross objectors), the deceased was earning about Rs. 1,00,000/- per month. The deceased left his wife, two minor children and his father and mother. Hence the petitioners claimed Rs. 1,00,00,000/- as compensation before the Tribunal.

5. Per contra the appellant (hereinafter called as third respondent/Insurance Company) filed a counter stating that the deceased was solely responsible for the accident and the deceased being the tort-feasor, the respondent/Insurance Company have no liability to pay any compensation to the petitioners. Further, the third respondent stated that as per Ex.P.4, the Motor cycle was extensively damaged and in respect of the Tractor, only the front bonnet was slightly damaged which discloses that the deceased drove the motor cycle in an uncontrollable speed and dashed against the Tractor. Further, the third respondent stated that the motor cycle was driven by the deceased without a protective head gear. Therefore the third respondent pleaded that the entire claim should be rejected.

6. After considering the pleadings and evidences on the side of the petitioners and as well as on the side of the respondents, the Tribunal came to the conclusion that the negligence was on the part of the driver of the Tractor. Therefore, the Tribunal fixed a sum of Rs. 44,83,000/- against the first and third respondents.

7. Against the order of the Tribunal, the appellant/Insurance Company has preferred the present appeal challenging the issue on both negligence and quantum.

Issue of Negligence:-

1. PW2 was examined as an eye witness and according to him the accident occurred between Kunnathur to Perumanallur main road, near Thoravallur parivu, due to the rash and negligent driving of the driver of the Tractor bearing registration No.TN-23Z-1578. He further deposed that the driver of the Tra