JUDGMENT :

K.KUMARESH BABU, J.

1. The present Civil Miscellaneous Appeal has been filed by the insurance company, challenging the award and decree dated 29.04.2021 passed in M.C.O.P. No. 431 of 2018 on the file of the Motor Accidents Claims Tribunal (Special District Court), Erode and a cross objection has also been filed by the claimant.

2) The facts giving rise to the present appeal and the cross objection, in brief, are that the deceased, Mr. Sathik Basha, aged about 19 years, was working as a mechanic. On 31.12.2017 at about 2.25 p.m., he was riding a motorcycle bearing Registration No. TN-45-P-1742, after picking up the vehicle from Karthik Water Services, and was proceeding from west to east towards his residence at Pallayapalayam. While the deceased was riding the motorcycle cautiously, keeping to the left side of the road and adhering to traffic rules, an Eicher Van bearing Registration No. TN-16-A-8706, driven by the 2nd respondent in a rash and negligent manner and in violation of traffic rules, dashed against the motorcycle from behind near Veera Palayam.

3) As a result of the impact, the deceased was thrown off the motorcycle and sustained grievous injuries. He was immediately taken to the Government Hospital, Erode, where he was diagnosed with multiple grievous injuries, including severe head injuries involving the frontal, temporal, occipital and parietal regions, fractures to the chest, fracture of the lower one-third of the right thigh bone, segmental fractures of both bones in the right leg, and other injuries. Due to the grievous head injuries and multiple fractures, accompanied by profuse bleeding from the nose and ear, the deceased developed intracranial blood clots, resulting in loss of consciousness and mental impairment. During the course of hospitalization, the deceased underwent three major surgeries to the brain, right leg and right thigh. Owing to the nature of injuries, he suffered permanent disability, resulting in complete loss of earning capacity.

4) Consequently, the deceased, represented by his mother, the 1st respondent, who is also his sole legal heir, filed a claim petition in M.C.O.P. No. 431 of 2018 before the Motor Accidents Claims Tribunal, Erode, seeking compensation of Rs.30,00,000/- for the injuries and disability suffered by him due to the accident, against the appellants and the 2nd respondent herein. However, despite prolonged medical treatment, the deceased succumbed to his injuries and passed away on 24.11.2018.

5) Thereafter, the claim petition was amended and the 1st respondent, being the sole dependent of the deceased, sought enhanced compensation of Rs.50,00,000/-. Upon appreciation of the oral and documentary evidence, the Claims Tribunal held that the accident occurred due to the negligence of the 2nd respondent to the extent of 75%, while fixing 25% contributory negligence on the part of the deceased. The Tribunal assessed the total compensation at Rs.33,57,696/- and, after deducting 25% towards contributory negligence, awarded a sum of Rs.25,18,272/- with interest at 9% per annum, by its award dated 29.04.2021. The 1st appellant / insurer was directed to deposit the award amount within one month, with liberty to recover the same from the 2nd respondent.

6) Heard Mr. S. Arunkumar, learned counsel appearing for the appellant–Insurance Company, and Mr. M. Guruprasad, learned counsel appearing for the 1st respondent / cross-objector.

7) The learned counsel for the appellant contended that the Tribunal erred in awarding an exorbitant compensation of Rs.33,57,696/- without proper legal basis. It was further contended that the Tribunal gravely erred in awarding medical expenses to the tune of Rs.20,54,496/-, as the same were neither duly proved by acceptable evidence nor established to have been wholly incurred by the claimant.

8) The learned counsel further submitted that the award of Rs.2,00,000/- towards pain and suffering is contrary to the principles laid down by this Court in Natio