Liability for motor accident compensation determined based on the driver’s negligent actions, with the court emphasizing contributory negligence principles and proper evaluation of income for compensation purposes.

JUDGMENT :

R. SAKTHIVEL, J.

1. Feeling aggrieved by the Award dated August 20, 2024 passed by 'the Motor Accident Claims Tribunal (III Judge, Court of Small Causes), Chennai' ['Tribunal' for short] in M.C.O.P. No.781 of 2018, the petitioners 1 to 3 therein have preferred C.M.A. No.434 of 2025 praying to enhance the compensation, while the second respondent therein / insurance company, has preferred C.M.A. No.602 of 2025 praying to set aside the Award.

2. This Common Judgment will now decide both the Civil Miscellaneous Appeals as they arise out of one and the same Award.

3. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Claim Petition.

PETITIONERS' CASE

4. The first petitioner is the wife of the deceased - K.Ravichandran. Second and third petitioners are their sons. Fourth petitioner is the mother of the deceased. To be noted, fourth petitioner who is the mother of deceased passed away pending the Claim Petition.

4.1. On December 15, 2017, at about 14:45 hours, when the deceased - K.Ravichandran was travelling as a pillion rider in a two wheeler bearing Registration No.TN-19-Y-4948, in GST Road, from Tindivanam to Chennai. At that time, first respondent's two wheeler bearing Registration No.TN-19-AZ-9598 rode by its driver in a very rash and negligent manner endangering public safety, hit against the two wheeler, in which the deceased was travelling and caused an accident. Due to the sudden impact, the deceased - K.Ravichandran sustained multiple severe head injuries and passed away on the spot.

4.2. In connection with the said accident, First Information Report (F.I.R.) in Crime No.513 of 2017 was registered on the file of the Padalam Police Station, for the offences punishable under Sections 279 , 337 and 304(A) of the Indian Penal Code , 1860, against the driver of the first respondent's two wheeler bearing Registration No.TN-19-AZ-9598 and the same is pending before the learned Judicial Magistrate-I, Chengalpattu.

4.3. At the time of the accident, the petitioner was aged 45 years, working as Assistant Mazdoor, Grade – II, Tamil Nadu Generation and Distribution Corporation, Chengalpattu and was earning a sum of Rs.15,717/- as monthly income.

4.4. The respondents 1 and 2 are the owner and the insurer of the offending two wheeler respectively. It is the specific case of the petitioners that the accident occurred solely due to the rash and negligent act of the driver of the first respondent's two wheeler. Hence, both the respondents are jointly and severally liable to compensate the petitioners. Accordingly, the petitioners filed the Claim Petition seeking a compensation of Rs.49,00,000/- (Rupees Forty Nine Lakhs only).

FIRST RESPONDENT'S CASE IN BRIEF

5. The first respondent, owner of the two wheeler bearing Registration No.TN-19-AZ-9598, filed a counter statement disputing the manner of the accident. It is contended that it is the two-wheeler bearing Registration No.TN-19-Y-4948 in which the deceased was riding pillion, that dashed against the first respondent's two-wheeler owing to rash and negligent riding and caused the accident. In the said accident, the first respondent's two-wheeler was completely damaged and the first respondent also has sustained injuries. Further, as on the date of accident, the first respondent's two-wheeler was duly insured with second respondent and hence, any liability to pay compensation is upon the second respondent. Stating so, the first re