The court upheld the Tribunal's findings on negligence and compensation, affirming that the awarded amount was just and reasonable based on the evidence presented.

JUDGMENT :

J. Nisha Banu, J.

This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the Award passed by the Motor Accident Claims Tribunal, Dharmapuri, in M.C.O.P.No.212 of 2022, dated 28.08.2024.

2. The case of the claimant is that on 17.01.2022 at 12.45 p.m, when the claimant viz, Sakthivel along with one Sanjeevan was proceeding to B.S.Agraharam in a motorcycle bearing Registration No.TN-38-CY-0338, and when they approached A-Sekkarapatti- Pappampalayam diversion road, a car bearing Registration No.TN-01- AS-8285, came from the opposite direction, which was driven by its driver at a high speed in a rash and negligent manner, hit the motorcycle driven by the claimant. In the said accident, the claimant Sakthivel and one Sanjeevan sustained injuries. Therefore, the claimant filed the claim petition in M.C.O.P.No.212 of 2022 on the file of the Motor Accident Claims Tribunal, Dharmapuri, claiming a compensation of Rs.75,00,000/- and the Tribunal has awarded a sum of Rs.41,55,800/- as compensation. Aggrieved over the same, the Insurance Company has filed the present Appeal.

3. The learned counsel appearing for the appellant/Insurance Company submits that the Tribunal went wrong in holding that the alleged accident was caused due to the rash and negligent driving of the driver of the Car bearing Registration No.TN-01-AS-8285, insured with the appellant and went wrong in holding that the appellant is liable to pay a huge compensation of Rs.41,55,795/-. He further submits that the Tribunal went wrong in fixing the income of the as Rs.14,000/- per month without any basis and went wrong in adding 40% of the same towards future prospects. He further submits that the Tribunal has erroneously granted a sum of Rs.1,50,000/- towards pain and suffering and a sum of Rs.1,50,000/- towards loss of amenities without application of mind. Therefore, he submits that the total compensation of Rs.41,55,795/- under various heads is unsustainable and the same is liable to be interfered with.

4. The appeal is taken up for final disposal at the admission stage itself, since the disposal of this case will not affect the respondents in any manner.

5. Before the Tribunal, in order to prove the claim petition, the claimant/injured has examined himself as P.W.1 and one Sanjeevan was examined as P.W.2 and exhibits Ex-P.1 to Ex-P.19 were marked. On the side of the respondents, neither any witness was examined nor any document was marked. The disability certificate of Sakthivel was marked as Ex.X1.

6. The Tribunal, based on the oral and documentary evidences, awarded the compensation as tabulated below:-

7. As far as the contention of the learned counsel for the appellant that the Tribunal went wrong in holding that the alleged accident was caused due to the rash and negligent driving of the driver of the Car bearing Registration No.TN-01-AS-8285 is concerned, in the evidence, P.W.1 and P.W.2 have stated that on 17.01.2022 at 12.45 p.m, the claimant viz, Sakthivel and one Sanjeevan were proceeding to B.S.Agraharam in a motorcycle bearing Registration No.TN-38-CY-0338 and it was driven by the claimant. When they came near A-Sekkarapatti- Pappampalayam diversion road, a Car bearing Registration No.TN-01- AS-8285, came from the opposite direction, which was driven by its driver at a high speed and in a rash and negligent manner, hit the motorcycle and in the said accident, Sakthivel and Sanjeevan sustained injuries.

8. Moreover, P.W.1 and P.W.2, are the eyewitnesses to the occurrence and they are the competent person to speak regarding the mode and manner of the accident an