The main legal point established is the determination of negligence in a motor accident case and the calculation of compensation based on notional income and future prospects.

JUDGMENT

(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 08.06.2017, made in M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari.)

Common Judgment:

V.M. Velumani, J.

1. C.M.A.No.762 of 2021 has been filed by the appellant-Insurance Company against the judgment and decree dated 08.06.2017, made in M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari.

C.M.A.No.1468 of 2022 has been filed by the appellants-claimants seeking enhancement of the compensation granted by the Tribunal in the said award.

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

3. For the sake of convenience, the parties are referred to as per their rank in the claim petition.

4. The claimants filed M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari, claiming a sum of Rs.10,00,000/- as compensation for the death of one Mahalingam, who died in the accident that took place on 03.11.2009.

5. According to the claimants, on the date of accident, at about 2.45 p.m., while the deceased Mahalingam was riding a Motorcycle bearing Registration No.TN-33-F-3979 from Tiruchengode to Erode, near Central Silk House Powerloom, Thokkavadi at the extreme left side of Tiruchengode to Erode Main road, the driver of the Bus bearing Registration No.TN-30- AE-3377 owned by the 2nd respondent drove the same in a rash and negligent manner and hit against the Motorcycle driven by said Mahalingam and caused the accident. In the accident, the said Mahalingam sustained severe injuries on the head, nose and all over the body and was admitted in the Hospital. Inspite of treatment, the said Mahalingam died on 20.12.2009 in the Hospital. The accident occurred only due to rash and negligent driving by driver of the Bus owned by the 2nd respondent and hence, the claimants filed the said claim petition claiming compensation for the death of said Mahalingam, against the respondents as owner of the Motorcycle, owner of the Bus and insurer of the Bus respectively.

6. The respondents 1 and 2, owners of the Motorcycle and Bus, remained exparte before the Tribunal.

7. The 3rd respondent-Insurance Company filed counter statement and denied all the averments made by the claimants and also denied the manner of the accident, age, avocation and income of the deceased as alleged by the claimants. According to the 3rd respondent, the accident occurred when the deceased Mahalingam who tried to overtake a Lorry, came on the wrong side, dashed against the Bus and invited the accident. Hence, the deceased Mahalingam is the tort-feasor. FIR registered against the deceased Mahalingam was closed as charges abated since said Mahalingam died. There is no mistake on the part of the driver of the Bus. Hence, the 3rd respondent is not liable to indemnify the 2nd respondent/owner of the Bus. The claimants have to produce the Post Mortem Certificate to prove that the death of said Mahalingam is only due to the injuries sustained in the accident. The claim petition is bad for non-joinder of insurer of the Motorcycle. The rider of the Motorcycle did not possess valid driving license to ply the vehicle at the time of accident. The said Motorcycle was not at all insured. The claimants also have to prove their dependency on the deceased Mahalingam to claim compensation. In any event, the total compensation claimed by the claimants are excessive and prayed for dismissal of the claim petition.

8. Before the Tribunal, the 1st claimant examined herself as P.W.1, examined one Seetha, eye-witness to the accident as P.W.2 and one Selvakumar as P.W.3 and marked 6 documents as Exs.P1 to P6. The 3rd respondent-Insurance Company examined one Vincent as R.W.1 and