JUDGMENT :

K.GOVINDARAJAN THILAKAVADI, J.

1. C.M.A.No.2447 of 2024 is filed by the Insurance Company Challenging the judgment and decree passed in M.C.O.P.No.287 of 2018, dated 14.09.2023, on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore, challenging the quantum of award passed in the said claim petition.

2.C.M.A.No.3355 of 2025 is preferred by the claimant, for enhancement of compensation in M.C.O.P.No.287 of 2018, dated 14.09.2023, on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore.

3. Both the Insurance Company and the claimant have come up with these appeals. While the insurance Company challenges the quantum of compensation awarded, the claimant seeks for enhancement. The claimant sought for compensation of Rs.25,00,000/- from the Insurance Company for permanent disability sustained by him in major accident that occurred on 27.09.2017. According to the claimant, on 27.09.2017 at about 14.00 hours when the petitioner was riding his moped TVS XL Super Moped from east to west at a normal speed keeping extreme left from Panruti to Salem main road near Semakottai Iyyanar Kovil, the 1^st respondent's Tipper lorry bearing Registration No.TN-04-AB-5293 came from the opposite side at great speed in a rash and negligent manner without blowing horn and dashed against the petitioner's moped. The said accident happened due to the negligence on the part of the rider of the 1^st respondent's vehicle who had not followed the traffic rules and regulations at the time of accident.

4. As a result of the accident, the petitioner sustained multiple grievous injuries and took treatment in the Government Hospital, Panruti, Cuddalore and further treatment at JIPMER Hospital, Pondicherry and also in private hospital due to multiple fractures due to which, the petitioner could not lead a normal life. The petitioner was doing guava fruit business and earning a sum of Rs.15,000/- per month before the accident. Due to the said accident, he had lost his income and had been struggling for his survival. He had become permanently disabled and lost his earning. Hence, the petitioner has sought for compensation of Rs.25,00,000/-.

5. The 1^st respondent in C.M.A.No.3355 of 2025 remained exparte before the Tribunal.

6. The Insurance Company resisted the claim contending that the accident had happened due to the rash and negligent riding of the Moped by the petitioner. Therefore, the petitioner is not entitled to claim any amount by way of compensation. It is also submitted that the compensation claimed by the petitioner is highly exorbitant and prays for dismissal of the above petition.

7. On the side of the petitioner, the petitioner was examined as P.W.1 and 14 documents were marked. The disability certificate issued by the Medical Board of Cuddalore, District Head Quarters, Hospital was marked as Ex.C1. The Tribunal on a consideration of the evidence on record concluded that the accident occurred due to rash and negligent driving of the driver of the Tipper lorry. On the quantum, the Tribunal fixed the monthly income of the deceased at 10% towards future prospects and adopted multiplier '11'. On the evidence available to the effect that the claimant was about 55 years old at the time of accident the Tribunal fixed compensation for loss of earning capacity at Rs.13,79,400/- and also awarded the following compensation on various heads:

8. Thus, the Tribunal has awarded the total compensation of Rs.16,60,335/-. Hence, these appeals.

9. M/s.R.Sree Vidya learned counsel appearing for the Insurance Company would contend that the compensation awarded by the Tribunal is very excessive and she would also urge that fixing of Rs.10,000/- per month as notional income is rightly granted and the award Rs.1,00,000/-

for pain and suffering is on the higher side.

10. Per contra, the learned counsel appearing for the claimant would submit that the claimant was a fruit vendor and the accident occurred in the year 2017. The Tr