IMPORTANT POINT
The deduction for contributory negligence should be justified and reasonable, especially in cases involving minors.

JUDGMENT :

R. Subramanian, J.

(Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the awards dated 18th day of November 2021 made in MCOP.No.192 of 2013 on the file of the Additional Motor Accident Claims Tribunal at Puducherry, 14th day of December 2021 made in MCOP.No.223 of 2013 on the file of the Additional Motor Accident Claims Tribunal at Puducherry and 18th day of November 2021 made in MCOP.No.193 of 2013 on the file of the Additional Motor Accident Claims Tribunal (Additional Judge) at Puducherry.)

1. All these three appeals arise out of the same accident which occurred on 04.11.2012.

2. According to the claimant, when the deceased Vijayakumar was riding his two-wheeler bearing Reg.No.PY-01-AG-3903 with his wife and minor child Pooja Sri, aged 8 years on the Tindivanam – Villupuram byepass road, a lorry belonging to the 2nd respondent bearing Reg.No.TN-31- AE-3850 driven by its driver in a rash and negligent manner dashed against the two-wheeler. As a result of the impact, both the rider Vijayakumar and the minor child Pooja Sri sustained grievous injuries and died on the spot. The wife of the rider Latha survived with grievous injuries. Attributing negligence on the part of the lorry as the cause of the accident, the claimant sought for compensation.

3. Three independent claim petitions were filed. In MCOP.No.193 of 2013 subject matter of CMA.No.490 of 2024, the claimant sought for a compensation of Rs.58,25,000/-. The quantum was sought to be justified by contending that the deceased was running a hardware shop at Maduruntakam and was earning Rs.40,000/- per month. In view of the untimely loss, the wife who is also injured cannot also carry on the business, resulting in loss of the entire income to the family.

4. As far as the minor child is concerned, the claimant sought for a compensation of Rs.39,90,000/- in MCOP.No.192 of 2013 covered in CMA.No.1164 of 2023.

5. The third claim petition was filed in MCOP.No.223 of 2013 by the wife of the deceased Vijayakumar viz., Latha seeking a compensation of Rs.40,03,000/- for the injuries sustained by her. This subject matter of CMA274 of 2024.

6. In all the claim petitions while the claimant let in evidence, the Insurance Company did not let in any evidence.

7. The Tribunal assessed the compensation in respect of the deceased Vijayakumar at Rs.17,57,000/- and after deducting 15% towards contributory negligence, since it was found that Vijayakumar was travelling without helmet, the amount payable by the Insurance Company was fixed at Rs.14,94,000/-.

8. As regards the minor daughter was concerned, the Tribunal assessed the compensation payable to her at Rs.11,57,000/-. The Tribunal also deducted 15% towards contributory negligence since it was found that the 8 years old minor child was not wearing a helmet. Having deducted 15%, the amount payable by the Insurance Company was arrived at Rs.9,84,000/-.

9. In so far as the injuries sustained by the claimant in MCOP.No.223 of 2013 viz., Latha who is the wife of the rider Vijayakumar is concerned, the Tribunal found that she had suffered a disability of 85%. Since there was an amputation of left leg just below the hip. The Tribunal applied the multiplier method and arrived at the compensation of Rs.40,03,000/- payable by the Insurance Company. The Tribunal did not deduct any amount for contributory negligence for the injured claimant. Aggrieved the Insurance Company has come up with these appeals.

10. We have heard Mr.C.Ramesh Babu, learned counsel appearing for the Insurance Company.

11. Mr.C.Ramesh Babu, learned counsel appearing for the Insurance Company is unable to challenge the quantum of compensation very effectively, since the award passed by the Tribunal in respect of the death of Vijayakumar as well as minor daughter Pooja Sri is very reasonable. Even insofar as the injury case is concerned, the Tribunal having found that the disability is 85% has rightly applied the multi