JUDGMENT :

V.M. VELUMANI, J.

1. The matter is heard through “Video Conferencing/Hybrid mode.”

2. This Civil Miscellaneous Appeal has been filed to set aside the award dated 22.06.2020 made in M.C.O.P. No. 309 of 2016 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Perambalur.

3. The appellant is the 2nd respondent in M.C.O.P. No. 309 of 2016 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Perambalur. The 1st respondents filed the said claim petition claiming a sum of Rs. 30,00,000/- as compensation for the death of one Kanagaraj, who died in the accident that took place on 12.11.2015.

4. According to 1st respondent, on 12.11.2015 at about 03.15 P.M. while the deceased Kanagaraj was driving the unregistered motorcycle along with one Prabakaran as pillion rider from South to North on the extreme left side of the Thuraiyur-Trichy Road near Naval tree bus stop, Pagalavadi, the driver of the Bolero vehicle bearing Registration No. TN-48Y-2003 drove the same in a rash and negligent manner from the opposite direction, dashed against the motorcycle driven by the said Kanagaraj and caused the accident. In the accident, the said Kanagaraj was thrown out of the motorcycle and sustained severe injuries on his head and multiple injuries all over his body and died on the spot. Therefore, the 1st respondent, wife of the deceased filed the above said claim petition claiming a sum of Rs. 30,00,000/- as compensation for the death of the said Kanagaraj against the 2nd respondent and appellant-Insurance Company, being the owner and insurer of the Bolero vehicle respectively. The respondents 3 and 4 are the parents of the deceased Kanagaraj.

5. The 2nd respondent-owner of the Bolero Vehicle remained ex-parte before the Tribunal.

6. The appellant-Insurance Company, being the insurer of the Bolero vehicle filed counter statement and denied all the averments made by the 1st respondents. The appellant denied the manner of accident as alleged by the 1st respondent. According to the appellant, the deceased Kanagaraj only drove the unregistered motorcycle in a rash and negligent manner in the wrong side of the road and invited the accident. The Police registered a criminal case only against the said Kanagaraj. Further, the said Kanagaraj was not wearing helmet and also he was not possessing valid driving license at the time of accident. Further, the motorcycle driven by the said Kanagaraj was unregistered one and he was not authorised to drive the unregistered vehicle. The respondents 3 and 4 are not the dependants of the deceased. Hence, the appellant is not liable to pay any compensation to the respondents 1, 3 and 4. The appellant denied the age, avocation and income of the deceased. In any event, the quantum of compensation claimed by the 1st respondent is highly excessive and prayed for dismissal of the claim petition.

7. The 3rd respondent filed separate counter statement and the same was adopted by the 4th respondent. The 3rd respondent stated that the respondents 3 and 4 are the parents of the deceased and they are dependants on the deceased and prayed for allowing the claim petition by granting compensation.

8. Before the Tribunal, the 1st respondent examined herself as PW-1, one Ramesh, eyewitness to the accident was examined as PW-2 and 5 documents were marked as Exs.P1 to P5. The appellant-Insurance Company examined two witnesses as RW-1 and RW-2 and five documents were marked as Exs.R1 to R5.

9. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the Bolero vehicle owned by 2nd respondent and directed the appellant-Insurance Company to pay a sum of Rs. 12,34,800/- as compensation to respondents 1, 3 and 4.

10. To set aside the said award dated 22.06.2020 made in M.C.O.P. No. 309 of 2016, the appellant has come out with the present appeal.

11. The learned counsel appearing for the appellan