JUDGMENT :-

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.50 of 2012 dated 31.03.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur.

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.51 of 2012 dated 31.03.2015 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur.

Cross Objection filed under Order XLI r/w Rule 22 of C.P.C. to enhance the award amount granted by the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur in M.C.O.P.No. 50 of 2012 dated 31.03.2015 and dismiss the appeal filed by the Appellant/Respondent No.1 in C.M.A.(MD) No.1054 of 2015

Cross Objection filed under Order XLI r/w Rule 22 of C.P.C. to enhance the award amount granted by the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur in M.C.O.P.No. 51 of 2012 dated 31.03.2015 and dismiss the appeal filed by the Appellant/Respondent No.1 in C.M.A.(MD) No.1055 of 2015.)

1. These Appeals have been filed by the Insurance Company challenging the Awards dated 31.03.2015 passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur in M.C.O.P.Nos.50 and 51 of 2012, directing the Appellant/Insurance Company to pay the Claimants a sum of Rs.86,35,060/- and Rs.36,91,000/- respectively as compensation for the death of the deceased, in an accident, which occurred on 02.09.2012 involving the Tipper Lorry insured with the Appellant/Insurance Company. Claimants 2 & 3 are the children of the deceased and the 1st Claimant is the grandmother of Claimants 2 & 3.

2. Before the Tribunal, the Respondents/Claimants claimed a sum of Rs.1,00,00,000/- & Rs.50,00,000/- respectively as compensation for the death of the deceased. On the side of the Respondents/Claimants in C.M.A.(MD) No. 1054 of 2015, P.W.1 to P.W.2 were examined as witnesses and Exs.P1 to P11 were marked before the Tribunal. On the side of the Appellant/Insurance Company, neither a witness was examined nor Exhibits marked.

3. On consideration of the oral and documentary evidence available on record, the Tribunal has awarded a sum of a sum of Rs.86,35,060/- and Rs. 36,91,000/- respectively as compensation to the Respondents/Claimants. Details of the compensation awarded by the Tribunal under the impugned Awards, are as follows:

C.M.A.(MD) No.1054 of 2015

C.M.A.(MD) No.1055 of 2015

4. Aggrieved by both the awards, the Appellant/ Insurance Company is before this Court. Claimants have also filed Cross Objection, seeking to enhance the award amount, thereby dismissing the Appeal filed by the Insurance Company.

5. The Insurance Company has challenged the impugned awards on the ground that there was no strict proof in respect of the age, income and occupation of the deceased persons, without which, the amount of compensation arrived at under the head loss of future income is unjust. The owner of the Indica Car bearing Regn.No.TN.67-AV.1690 and the insurer of the said vehicle have not been arrayed as a party respondent and therefore, the claim petition itself was not maintainable before the Tribunal for want of necessary party. It was submitted