JUDGMENT :

Prayer: Civil Miscellaneous Appeals are filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 28.02.2018 made in M.C.O.P.Nos.3146 & 3147 of 2012 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Cuddalore.

1. This Civil Miscellaneous Appeals have been filed by the appellants seeking enhancement of compensation granted by the Tribunal in the award dated 28.02.2018 made in M.C.O.P.Nos.3146 & 3147 of 2012 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Cuddalore.

2. Both the appeals arise out of the same accident and same award and hence, they are disposed of by this common judgment. The parties are referred to as per their respective ranks in the claim petition for the sake of convenience.

3. The appellants are the claimants in M.C.O.P.Nos.3146 & 3147 of 2018 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Cuddalore. The appellants have filed the said claim petitions claiming a sum of Rs.40,00,000/- and Rs.20,00,000/- respectively as compensation for the injuries sustained in the accident that took place on 21.11.2012 against the respondent/Transport Corporation.

4. According to the claimants, on 21.11.2012 at about 3.00 hours when the appellant in CMA.No.1323/2018 who is the rider of his Hero Honda Splender motorcycle bearing registration No.PY 01 AY 7084 and the appellant in CMA No.1531/2018 being the pillion rider, proceeding from South to North in extreme left near Rajapalayam on Chennai Salai, the respondent’s TNSTC Bus bearing registration No.TN 32 N 3310 came from the opposite direction at a great speed in a rash and negligent manner and dashed against the appellants motorcycle due to which, the appellants sustained grievous injuries. Immediately they were admitted into the Government Headquarters Hospital, Cuddalore for initial treatment and for further treatment they were admitted into Government Stanley Hospital, Chennai.

5. The respondent/Transport Corporation filed counter affidavit and denied all the averments made by the claimants. The respondent/Transport Corporation denied the manner of accident as alleged by the claimants. It is stated that the accident has not occurred due to the negligence on the part of the driver of the respondent/Transport Corporation. The alleged accident had happened only due to the rash and negligent act of the two wheeler bearing registration No.PY 01 AY 7084 rider/appellant and the appeals are bad for non-joinder of necessary parties. The appellant/rider of the two wheeler did not posses valid driving license and also failed to wear helmet during the time of accident. Hence, the respondent/Transport Corporation is not liable to pay any compensation to the claimants. The respondent/Transport Corporation also denied the age, occupation, monthly income, the nature of the alleged injuries sustained by the appellants, the period of treatment, medical expenditure and the percentage of disability suffered by them. In any event, the quantum of compensation claimed by the claimants is highly excessive and prayed for dismissal of the claim petitions.

6. Before the Tribunal, the claimants examined themselves as P.W.1 and P.W.2 and 19 documents were marked as Exs.P1 to P19. On the side of the respondent no witness was examined and no documents were marked. The Disability Certificates were marked as Exs.C1 and C2 as Court Documents.

7. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident has occurred only due to rash and negligent driving by the driver of the bus belonging to the respondent/Transport Corporation and directed the respondent/Transport Corporation to pay a sum of Rs.12,64,000/- as compensation to the appellant in MCOP No.3146/2012 and to pay a sum of Rs.2,82,000/- as compensation to the app