The court considered the deceased's age, income, and future prospects to determine the enhanced compensation.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 20.12.2019, made in M.C.O.P. No.1766 of 2017, on the file of the Special Sub Court-II, (Motor Accident Claims Tribunal) Small Causes Court, Chennai.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 20.12.2019, made in M.C.O.P. No.1766 of 2017, on the file of the Special Sub Court-II, (Motor Accident Claims Tribunal) Small Causes Court, Chennai.)

Common Judgment

V.M. Velumani, J.

1. C.M.A.No.2122 of 2021 has been filed by the appellants-claimants seeking enhancement of compensation granted by the Tribunal in the award dated 20.12.2019, made in M.C.O.P. No.1766 of 2017, on the file of the Special Sub Court-II, (Motor Accident Claims Tribunal) Small Causes Court, Chennai. C.M.A.No.2433 of 2021 has been filed by the appellant-Insurance Company challenging the quantum of compensation granted by the Tribunal in the award dated 20.12.2019, made in M.C.O.P. No.1766 of 2017, on the file of the Special Sub Court-II, (Motor Accident Claims Tribunal) Small Causes Court, Chennai.

2. Both the appeals arise out of same accident and same award and hence, disposed of by this common judgment.

3. The parties are referred to as per their ranks in the claim petition, for the sake of convenience.

4. The claimants filed M.C.O.P. No.1766 of 2017, on the file of the Special Sub Court-II, (Motor Accident Claims Tribunal) Small Causes Court, Chennai, claiming a sum of Rs.60,00,000/- as compensation for the death of one Sivalingam who died in the accident that took place on 01.01.2017.

5. According to the claimants, on the date of accident, at about 12.55 a.m., when the deceased Sivalingam was travelling in a Motorcycle bearing Registration No.TN-09-CF-2497 as a pillion rider, from South to North direction at Anna Salai and Pallavan Salai Junction, the 1st respondent, who is the rider-cum-owner of the Motorcycle drove the vehicle in a rash and negligent manner in high speed, as a result of which, the vehicle skidded and accident occurred. Both the rider as well as the pillion rider were thrown out of the vehicle. In the accident, the said Sivalingam sustained fatal injuries. The accident occurred only due to rash and negligent riding of Motorcycle by the 1st respondent and hence, the claimants filed the claim petition for the death of Sivalingam, against the respondents who are the owner and insurer of the said Motorcycle.

6. The 2nd respondent-Insurance Company filed counter statement and denied all the averments made by the claimants. According to the 2nd respondent, the deceased Sivalingam, after celebrating new year, while travelling in the Motorcycle under the influence of alcohol, the vehicle skidded and the deceased fell down from the vehicle and sustained fatal injuries. The complaint was given belatedly after the demise of the deceased with an ulterior motive to make an untenable claim. Hence, this respondent is not liable to pay any compensation to the claimants. The claimants have to prove that the rider of the Motorcycle possessed valid driving license to ply the vehicle at the time of accident. In any event, the claimants also have to prove the age, avocation and income of the deceased to claim compensation and prayed for dismissal of the claim petition.

7. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent riding by the 1st respondent, rider-cum-owner of the Motorcycle and directed the 2nd respondent-Insurance Company to pay a sum of Rs.20,75,600/- as compensation to the claimants 1 and 2. The Tribunal dismissed the claim petition as against the claimants 3 to 6.

8. Not being satisfied with the amounts awarded by the Tribunal, the claimants have filed C.M.A.No.2122 of 2021, seeking enhancement of compensation.

9. Questioning the quantum of compensation granted