The main legal point established is the assessment of contributory negligence and compensation under the Motor Vehicles Act.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the compensation from Rs.16,31,520/- to Rs. 24,19,200/- by modifying the fair and decreetal order passed by the Motor Accident Claims Tribunal/Principal District Judge, Karur in M.C.O.P.No.186 of 2015 dated 20.07.2018.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 20.07.2018 made in M.C.O.P.No.186 of 2015 on the file of the Motor Accidents Claims Tribunal, (Principal District Judge), Karur.)

Common Judgment:

1. These Civil Miscellaneous Appeals have been filed against the award passed in M.C.O.P.No.186 of 2015 dated 20.07.2018, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Karur.

2. Since both the appeals arise out of same order passed in M.C.O.P.No.186 of 2015, C.M.A.(MD)No.220 of 2020 is taken as the lead case and the word ''appellant'' will denote the claimants who are the appellant in C.M.A.(MD)No.220 of 2020 and the word ''respondents'' will denote the respondents in C.M.A.(MD)No.220 of 2020. The appellants have filed a claim petition in M.C.O.P.No.186 of 2015, claiming compensation for the death of one Subbaiya, in an accident that took place on 02.12.2014. The Tribunal has awarded a sum of Rs.16,31,520/- (Rupees Sixteen Lakhs Thirty One Thousand Five Hundred and Twenty only) as compensation. Against the award, the second respondent in the claim petition has filed C.M.A. (MD)No.232 of 2020 and the claimants has filed C.M.A.(MD)No.220 of 2020 for enhancement of compensation.

3. Brief substance of the claim petition in M.C.O.P.No.186 of 2015 is as follows:

On 02.12.2014, at about 04.00 p.m., when the deceased Subbaiah was riding a motorcycle bearing registration No.TN-45-W-8741 keeping the left side of the Palayam to Trichy main road, near Kakkampatti bus stop, a bus bearing registration No.TN-47-AW-3306 was proceeding ahead of the deceased in a rash and negligent manner and the respondent bus driver stopped the bus without giving any signal to the following vehicle and the deceased lost the control of the two wheeler and hit against the back side of the bus and he died on the spot. The petitioners 1 and 3 who were the pillion riders, sustained multiple injuries. The deceased was aged about 34 years. The deceased owned five acres of land and that he was engaged in agriculture and he was earning Rs.2,00,000/- (Rupees Two Lakhs only) from agriculture and he was doing milk vending business and was earning Rs.50,000/- (Rupees Fifty Thousand only). The petitioners are his dependants and they claimed a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation.

4. Brief substance of the counter filed by the second respondent therein is as follows:

The first respondent''s driver was not having valid driving licence. The bus did not have valid permit or fitness certificate to ply on the road. The deceased was not having driving licence to ride the motorcycle. The age, occupation and income of the deceased are all false. The manner of the accident as narrated in the petition is false. It was the deceased, who rode the motorcycle in a rash and negligent manner without a driving licence and he lost control due to high speed, when he tried to overtake the bus and he invited the accident. The averment of the deceased was having five acres of land and engaged in agriculture and he was doing milk vending business and earning Rs.50,000/- (Rupees Fifty Thousand only) was false and the claim is excessive.

5. The first respondent remained ex parte. On the side of the claimants, one witness was examined and 12 documents were marked. On the side of the respondents therein, no witness was examined and no document was marked. After trial, the Tribunal awarded a sum of Rs.16,31,520/- (Rupees Sixteen Lakhs Thirty One Thousand Five Hundred and Twenty only) as compensation to be paid by the se