The main legal point established is that in the absence of evidence showing the claimant's wrongful act contributed to the accident or the nature of the injury sustained, the claimant cannot be held guilty of contributory negligence.

JUDGMENT :

K. MURALI SHANKAR, J.

PRAYER in C.M.A. (MD) No. 431 of 2022: This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the award dated 28.09.2021 passed in M.C.O.P. No. 244 of 2020 on the file of Motor Accident Claims Tribunal/Special Sub Court dealing with MCOP cases, Tirunelveli.

PRAYER in Cross Objection (MD) No. 27 of 2022: This Cross Objection filed under Order 41 Rule 22 of Civil Procedure Code, to allow the cross appeal by modifying the decree and judgment dated 28.09.2021 passed in M.C.O.P. No. 244 of 2020 on the file of the Motor Accident Claims Tribunal and Special Sub Court dealing with MCOP cases, Tirunelveli by allowing this cross appeal by enhancing the compensation amount of Rs. 10,00,000/- in addition to the amount already awarded by the learned Tribunal towards compensation in favour of the cross objectors with costs.

1. The Civil Miscellaneous Appeal and the Cross Objection are directed against the award passed in M.C.O.P. No. 244 of 2020 dated 28.09.2021 on the file of the Motor Accident Claims Tribunal/Special Subordinate Court dealing with MCOP cases, Tirunelveli.

2. The appellant/Insurer, who was made liable to pay compensation of Rs. 7,83,158/- with interest at 7.5% per annum and costs to the claimant for the disability suffered by him, due to an accident occurred on 11.10.2019, challenged the liability mulcted on it.

3. The Cross Objector/claimant, who was awarded compensation of Rs. 7,83,158/- with interest at 7.5% per annum and costs for the disability suffered by him, challenged the quantum of compensation awarded at, by the Tribunal and claimed enhancement of the same.

4. The case of the claimant is that on 11.10.2019 at about 07.30 p.m., when the claimant was riding his motorcycle bearing Registration No. TN-72-BK-4704 along with one Sankar as pillion rider near Pettai Railway Gate near Service Centre on Tirunelveli-Mukkudal main road, one Swaraj Mazda mini lorry came in the opposite direction in a rash and negligent manner and dashed against the motorcycle and as a result of which, the claimant and the pillion rider fell down and sustained injuries, that immediately, the claimant was taken to TVMC Hospital at High-Ground, Tirunelveli and subsequently, was taken to Madhubala Hospitals at Anbu Nagar, Tirunelveli, that the claimant had also taken treatment at Aravind Eye Hospital and Sushrushah Hospitals at Nagercoil and that the accident was occurred only due to the rash and negligent driving of the Swaraj Mazda mini lorry driver and hence, a case was registered against him in Crime No. 256 of 2019 for the offences under Sections 279, 337 and 338 IPC on the file of Tirunelveli Traffic Investigation Wing Police.

5. It is the further case of the claimant that he was aged 26 years at the time of accident, that he suffered fractures over the right frontal lobe, right maxillary sinus, right zygomatic arch, right orbital wall, left mandibular and crush injury over the left eye, that the claimant underwent facio-maxillary surgery, that the claimant, due to the fractures over the skull, is not able to stand for long time as the claimant felt giddiness and headache frequently, that his chin and face were disfigured and that the claimant was doing Carpenter work at Bangalore and was earning Rs. 20,000/- per month.

6. The defence of the second respondent is that the claimant drove the motorcycle bearing Registration No. TN-72-BK-4704 with two pillion riders in a rash and negligent manner in the curve without observing the traffic rules, without having any driving license to drive two wheeler and without wearing helmet and hit against the Swaraj Mazda mini lorry, that the accident was occurred due to the negligence on the part of the claimant, who had no knowledge to drive the two wheeler, that since the claimant sustained injuries in that accident, the driver of the