The main legal point established in the judgment is the apportionment of negligence in a motor accident case and the determination of the quantum of compensation to be awarded.

JUDGMENT :

(R. Subbiah, J.)

Both these Civil Miscellaneous Appeals are filed as against the award dated 22.03.2017 made in MCOP No. 272 of 2014 on the file of Motor Accident Claims Tribunal (III Additional District Court), Dharapuram.

2. While CMA No. 2250 of 2017 has been filed by the claimants seeking enhancement of the compensation, CMA No. 3034 of 2017 has been filed by the Insurance Company, as against the very same award passed by the Tribunal, questioning their liability to pay the compensation amount to the claimants. Therefore, both the appeals are taken up for hearing together and disposed of by this common judgment.

3. For the sake of convenience the parties are referred to as per their litigative status in the claim petition as claimants and respondent-Insurance Company.

4. The claimants in these appeals are parents and brother of deceased Dinesh. It is the case of the claimants that on 06.12.2013 at about 11.00 pm the deceased was riding the motor cycle bearing Registration No. TN 22 CV 8230 and when the deceased was driving the vehicle at a minimum speed, near Kamarajar Memorial in Sardar Patel Road, the deceased lost balance and fell down on the right side of the road. However, due to such fall, the deceased did not sustain any injuries. While the deceased made an attempt to get up, a car bearing Registration No. TN 37 AV 1675 came from the opposite direction in a hectic speed and dashed against him. In the impact, the deceased was thrown out and sustained injuries all over his body. Immediately he was taken to Government Hospital, Royapettah for treatment, from where he was referred to Rajiv Gandhi Hospital, Chennai. Inspite of treatment, he died on the next day on 07.12.2013. At the time of accident, the deceased was 26 years old. He was working as System Engineer in Tata Consultancy Services at Siruseri and was earning a sum of Rs.32,137/- as monthly income. Hence, the claimants claimed a sum of Rs.70 lakhs as compensation.

5. The claim petition was resisted by the Insurance company stating that on the date of accident, the deceased was riding the two wheeler in a hectic speed without even wearing a helmet and fell down on the right side of the road. The First Information Report was also filed by the J-2 Adyar Police Station only against the deceased and after investigation, final report was filed against the deceased. The deceased was solely responsible for the accident and therefore, the Insurance Company sought for dismissal of the claim petition.

6. Before the Tribunal, in order to prove the averments in the claim petition, on behalf of the claimants, PW1 to 3 were examined and 33 documents marked as Exs. P1 to P33. On the side of the respondents, two witnesses were examined as RW1 and 2 and Exs.R1, insurance policy was marked. The Tribunal, after analysing the entire evidence, had come to the conclusion that the deceased dashed against the median divider and fallen on the right side of the road. At that time, the car came from the opposite direction ran over him. After having come to such conclusion, the Tribunal fixed 50% negligence on the part of the deceased and 50% on the part of the Insurance Company. The Tribunal awarded a sum total sum of Rs.47,79,840/- as compensation amount of which 50% thereof which works out to Rs.23,89,920/- was directed to be paid by the Insurance Company. The break up details of the amount awarded by the Tribunal is as under:-

7. Now, the present appeal is filed by the Insurance Company contending that the Tribunal after coming to the conclusion that the deceased had fallen on the right side of the road suddenly, due to his rash and negligent driving, ought not to have awarded any compensation to the claimants. The driver of the car canno