JUDGMENT :

(Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to enhance the compensation from Rs.16,28,000/- to Rs.30,00,000/- by modifying the fair and decreetal order passed by the Motor Accident Claims Tribunal/District Judge, Karur, in M.C.O.P.No.132 of 2018, dated 22.06.2020.)

1. This Civil Miscellaneous Appeal has been filed by the claimants to enhance the award of compensation passed in M.C.O.P.No.132 of 2018, dated 22.06.2020 by the learned Motor Accident Claims Tribunal/District Judge, Karur.

2. It is a case of fatal accident, which took place on 28.10.2017 the deceased Kumar was riding a two wheeler bearing Registration No.TN-40-B-0337 from south to north on Salem to Karur NH road and when he was proceeding opposite of Manmagalam lorry Association Petrol Bunk at about 14.00 hours, the car bearing Registration No.TN-57-AH-3848 was driven by its driver in a rash and negligent manner on the same direction and dashed on the two wheeler from behind. Due to the accident, the deceased Kumar died on the spot.

3. The claimants have filed a petition in M.C.O.P. No.132 of 2018 on the file of the learned Motor Accident Claims Tribunal/District Judge, Karur, seeking compensation.

4. Before the Tribunal, on the side of the claimant two witnesses were examined as P.Ws.1 & 2 and marked six documents as Exs.P.1 to P.6 and R.W.1 was examined and Ex.R.1 to R.3 were marked.

5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the insurance company and also on appreciating the evidences on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the lorry and directed the appellant/insurance company to pay a sum of Rs.16,28,000/- as compensation.

6. The claimants have filed this present appeal seeking enhancement of compensation.

7. Heard Mr.K.Suresh, learned counsel appearing for the appellants and Mr.V.Ragunathan, learned counsel appearing for R-1 and Mr.A.Ilango, learned counsel appearing for R-2.

8. This Civil Miscellaneous Appeal is filed on the ground that the tribunal has erroneously relied upon the MV Report without even examining the Motor Vehicle Inspector for the purpose of ascertaining the negligence of the deceased Kumar. The tribunal has erroneously come to the conclusion that the damages to the vehicle has given an inference that the deceased suddenly crossed the road. It is submitted that when there are acceptable evidence is available, the inference of the tribunal regarding the manner of accident is not acceptable. The tribunal has failed to consider that there is no complaint lodged by R.W.1 against the deceased for his alleged negligence. The tribunal has erroneously come to the conclusion that there was contributory negligence on the part of the deceased. The tribunal very excessively fixed the percentage of contributory negligence on the part of the deceased and also awarded a meagre sum in respect of other heads and the same also needs interference.

9. As per the claim petition, the deceased Kumar was aged about 40 years at the time of accident and he was working as driver and earning a sum of Rs.20,000/-p.m. The tribunal has fixed monthly income of the deceased as Rs.13,000/-and awarded a sum of Rs.20,35,000/- and deducted 20% for contributory negligence of the deceased, since the deceased suddenly crossed the road east to west from the gap meant for draining road water.

10. Whether contributory negligence fixed on the deceased is liable to be set aside?

11. The deceased was riding his two wheeler from south to north on the extreme left side of the road. A car belonging to the first respondent herein bearing Regn. no.TN-57-AH-3848 came on the same direction in rash and negligent manner and hit behind the two wheeler.

12. But, as per M.V. Report there was a damage on the front side of the car and there was a damage on the rear side of the two wheeler. The case of