JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 23.07.2019 passed in MCOP No.86 of 2017 on the file of the Motor Accident Claims Tribunal [Special District Court], Villupuram.)

Common Judgment:

1. Challenging the award of the Motor Accident Claims Tribunal (Special District Judge), Villupuram, vide judgment and decree dated 23.07.2019 in MCOP No.86 of 2017, both on the point of quantum as well as on negligence, the 2nd respondent-Insurance company has filed CMA No.1917 of 2020, while, the claim petitioners, have filed CMA No.2694 of 2021, seeking enhancement of the compensation awarded.

2. By consent, both Civil Miscellaneous Appeals are taken up together and disposed of by the following common judgment.

3. For the sake of convenience, the parties are hereinafter referred to as per their ranking before the claims tribunal.

4. The factum of the accident is being admitted.

5. Before the claims tribunal, the legal representatives of the deceased Udhaya Kumar, who died in the accident on 06.12.2016, filed the claim petition and it is the specific evidence of PW1 that while the deceased Udhayakumar was seated as o