JUDGMENT

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 28.11.2019, made in M.C.O.P.No.99 of 2019, on the file of the Motor Accident Claims Tribunal – Principal District Judge, Ramanathapuram.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, dated 28.11.2019, made in M.C.O.P.No.99 of 2019, on the file of the Motor Accident Claims Tribunal – Principal District Judge, Ramanathapuram.)

Common Judgment:

1. C.M.A.(MD)No.320 of 2020 has been filed to enhance the award, dated 28.11.2019, made in M.C.O.P.No.99 of 2019, on the file of the Motor Accident Claims Tribunal – Principal District Judge, Ramanathapuram. The appellant herein is the claimant and the respondents herein are the respondents in the original M.C.O.P. Petition.

2. C.M.A.(MD)No.606 of 2020 has been filed against the award, dated 28.11.2019, made in M.C.O.P.No.99 of 2019, on the file of the Motor Accident Claims Tribunal – Principal District Judge, Ramanathapuram. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original M.C.O.P. Petition.

3. A Brief substance of the claim petition in M.C.O.P.No.99 of 2019, is as follows:

On 14.10.2018, at about 4.00 pm., when the deceased – Jebamalai was walking along the left side edge of the mud road, near Madurai-Rameshwaram National High Ways near Thangachi Madam, a motorcycle bearing Registration No. TN-65-AE-8026 driven by its rider in a rash and negligent manner and dashed against the deceased. He was admitted in Ramanathapuram R.C.Multi Speciality Hospital, then he was admitted in Madurai Vikram Multi Speciality Hospital and then he died on 25.10.2018. The deceased was doing fish business and he was earning Rs.20,000/- per month. The petitioner is his dependant and she claim a sum of Rs.20,00,000/- as compensation.

4. A brief substance of the counter filed by the second respondent, in M.C.O.P.No.99 of 2019, is as follows:-

The petitioner has to prove that the vehicle belonged to the first respondent and the vehicle was insured with the second respondent. The manner of accident is wrongly narrated in the petition. The rider of the two wheeler was slow and cautious. It was the deceased, who tried to cross the road, without noticing the traffic and he invited the accident. The age, income and profession of the deceased are to be proved.

5. 2 witnesses were examined and 14 documents were marked on the side of the petitioner. No witness was examined and no document was marked on the side of the respondents. After considering both sides, the Tribunal has awarded a sum of Rs. 4,15,000/- as compensation .

6. Against the award, the claimant has filed an Appeal in C.M.A.(MD)No. 320 of 2020 for enhancement. The Insurance Company has filed an appeal in

7. A brief substance of the grounds of appeal in CMA(MD)No.320 of 2020, is as follows:-

The Tribunal failed to take note that a consolidated medical bill was issued by Vikram Multi Speciality Hospital, Madurai and the Tribunal is wrong in ignoring Ex.P5. The Tribunal failed to consider that the respondent-Insurance Company has not adduced any rebuttal evidence against Ex.P5 and Ex.P6. The Tribunal is wrong in fixing the daily income of the deceased as Rs.200/-. The Tribunal failed to consider that there was no objection in the counter regarding the statement that the deceased was earning Rs.700/- per day. The Tribunal failed to consider that the deceased was a fisher man and Ex.P14 was filed to prove the same. The monthly income should be fixed at Rs.20,000/- per month. The award to be enhanced to Rs.10,30,000/-.

8. A brief substance of the grounds of appeal in CMA(MD)No.606 2020, is as follows:-

The Tribunal failed to note that the first respondent-claimant alone was the dependant of the d