The tribunal’s reliance on split multiplier method for determining compensation was found erroneous; proper calculation shows enhanced compensation of Rs.42,02,444/- owed to claimants.

Judgment :

R.Sakthivel, J.

Feeling aggrieved by the Award dated March 17, 2023 passed by 'the Motor Accidents Claims Tribunal / IV Additional District Court, Coimbatore' ['Tribunal' for short] in M.C.O.P. No.1552 of 2019, the petitioners therein have preferred C.M.A. No.1886 of 2023 seeking enhancement of compensation, while the second respondent therein namely M/s. Reliance General Insurance Company Limited, has preferred C.M.A. No.2440 of 2023 praying to set aside the Award.

2. As these Civil Miscellaneous Appeals arise out of one and the same Award, they will be disposed of by this Common Judgment.

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

PETITIONERS' CASE

4. K.Ravichandran, who is the husband, father and son of petitioners nos.1 to 3 respectively, passed away in a motor vehicle accident that occurred on June 13, 2019 at about 15:45 hours.

4.1. On the fateful day, the deceased - K.Ravichandran was riding his motorcycle viz., Hero Honda Passion bearing Registration No.TN-37- AC-6985 proceeding from east to west along Annur Bazaar Road in a slow and cautious manner. While nearing Jaya Coffee Shop, the first respondent, who is the owner-cum-driver of the offending Lorry bearing Registration No.TN-27-D-2526, drove the said Lorry in a rash and negligent in the same direction as the deceased and dashed against the rear end of the deceased’s motorcycle, thereby causing the accident.

4.2. As a result of the impact, the deceased fell onto the road and the rear left wheel of the Lorry ran over all over his body including his head, causing fatal injuries. Immediately after the accident, the deceased was rushed to Annur Government Hospital in a private ambulance, where he was declared 'brought dead'. Thereafter, post-mortem examination was conducted at the Coimbatore Medical College Hospital, Coimbatore.

4.3. In connection with the said accident, a First Information Report (F.I.R.) in Crime No.270 of 2019 was registered on the file of the Annur Police Station for the offences punishable under Sections 279 and 304-A of the Indian Penal Code , 1860, against the first respondent.

4.4. At the time of the accident, the deceased – K.Ravichandran was aged about 53 years and was employed with Lakshmi Machine Works, Coimbatore, earning a monthly income of Rs.50,000/-. Apart from his employment, the deceased was also owning and cultivating 7 Acres of agricultural land, from which he was earning an additional monthly income of approximately Rs.20,000/-.

4.5. It is the specific case of the petitioners that the accident occurred solely due to the rash and negligent driving of the first respondent. Hence, respondent nos.1 and 2, being the owner-cum-driver and the insurer of the offending Lorry respectively, are jointly and severally liable to pay compensation to the petitioners. Accordingly, the petitioners filed the claim petition seeking compensation to the tune of Rs.1,00,00,000/- (Rupees One Crore only).

FIRST RESPONDENT'S CASE

5. First respondent remained absent and was set ex-parte by the Tribunal.

SECOND RESPONDENT'S CASE

6. The second respondent filed a counter statement denying the petition averments. The second respondent specifically disputed the manner of the accident and the allegation of negligence on the part of the first respondent. According to the second respondent, it was the deceased who rode the motorcycle in a rash and negligent manner, without adhering to traffic rules and without wearing protective headgear, and thereby invited the accident. Thus, the deceased himself had contributed to the occurrence of the accident. On these grounds, the second respondent prayed for dism