JUDGMENT :

R. SUBBIAH, J.

This matter is heard through Video-Conferencing.

2. For the sake of convenience, appellant, in the appeal, is referred to as 'Insurance Company' and respondents 1 to 5, in the appeal, are referred to as 'Claimants'.

3. Questioning the finding rendered by the Tribunal in fixing the negligence on the part of the vehicle insured with the Insurance Company as well as the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 27.02.2019 passed in M.C.O.P.No.1993 of 2014 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Tiruppur, the Insurance Company has filed the present appeal.

4. Seeking enhancement of compensation awarded in the aforesaid judgment, claimants have filed the Cross Objection.

5. The brief facts of the case are as follows:

Claimants are wife, minor children and parents of the deceased Xavier Amulraj. On 06.12.2014 at about 1.40 p.m., while the deceased was riding a two-wheeler bearing Registration No.TN-39-BX-1630 on the Avinashi to Covai Main Road towards west, a Nisson Suuny Car bearing Registration No.TN-38-BQ-3515, which was proceeding from east to west, came in a rash and negligent manner and dashed against the two-wheeler of the deceased. In the impact, the deceased sustained grievous injuries. Immediately, the deceased was taken to Government Hospital, Avinashi, KMCH, Coimbatore and thereafter to CMCH, Coimbatore. Despite treatment, the deceased succumbed to the injuries. It is the case of claimants that the deceased was running a Mess viz., Kalamani Mess at Thekkalur and was earning a sum of Rs.15,000/- p.m. Hence, they filed a petition seeking compensation in a sum of Rs.25,00,000/- for the death of the deceased.

6. Resisting the claim made by claimants, Insurance Company has filed a detailed counter statement inter alia contending that the accident had not occurred in the manner as projected by claimants. They have also denied the age, occupation and income of the deceased. It was further stated that the though a case was registered against the driver of the Car, the same was closed as 'mistake of fact'. It was the deceased, who rode the two-wheeler in a rash and negligent manner in a drunken state and dashed against the Car. Hence, the deceased, being the tort-feasor, was solely responsible for the accident. Thus, they prayed for dismissal of the claim petition.

7. To prove their claim, on the side of claimants, 3 witnesses were examined as PWs.1 to 3 and 6 documents were marked as Exs.P1 to P6. On the side of Insurance Company, 3 witnesses were examined and 2 exhibits were marked.

8. On appreciation of materials and the evidence on record, the Tribunal arrived at a finding that the accident had occurred due to the rash and negligent driving of the Nisson Suuny Car bearing Registration No.TN-38-BQ-3515. Consequently, the Tribunal directed the Insurance Company, as insurer of the offending vehicle, to pay compensation. The Tribunal awarded a sum of Rs.24,78,000/- as compensation. The break-up details are as follows:

Sl. No.	Compensation awarded under the head	Amount (in Rs.)
1.	Loss of dependency	20,16,000/-
2.	Loss of love and affection (40000 x 5)	2,00,000/-
3.	Loss of love and affection (25000 x 5)	1,25,000/-
4.	Medical Bills	1,12,000/-
5.	Funeral expenses	15,000/-
6.	Transport expenses	10,000/-
	Total	24,78,000/-

Though the Tribunal had arrived at compensation in a sum of Rs.24,78,000/-, it had restricted the compensation payable only to Rs.23,00,000/- without assigning any reason. The said sum of Rs.23,00,000/- was directed to be paid together with interest at 7.5% p.a. from the date of claim petition till the date of realisation.

9. Learned counsel for Insurance Company submits that the accident had occurred due to the rash and negligent driving of th