JUDGMENT :

(Common Judgment of the Court was made by the Hon'ble P.DHANABAL, J.

CMA(MD)No.1005 of 2021 has been filed by the 4^th respondent-The Reliance General Insurance Company against the fair and decreetal order passed by the Motor Accident Claims Tribunal/Sub Judge for Forest Offence Cases/Subordinate Judge, Eraniel, in MCOP No.63 of 2018, dated 06/12/2009, whereas, CMA(MD)No.955 of 2023 has been filed by the 3^rd respondent - HDFC ERGO General Insurance Company Limited.

2.The respondents 1 and 2 in both the appeals are the claimants before the Tribunal and they filed the claim petition. The appellants in both appeals are the respondents 3 and 4 respectively before the Tribunal. The Tribunal has awarded a sum of Rs.67,77,190/- with interest at the rate of 7.5% per annum, by directing the respondents 3 and 4 to pay the said amount, at the ratio of 60% as against the 3^rd respondent and 40% as against the 4^th respondent.

3.Aggrieved by the fair and decreetal order, the respondents 3 and 4 have preferred these appeals.

4.The parties in these appeals are referred to as their rank before the Tribunal.

5.The petitioners are the daughters of the deceased one Radha. The said Radha was working as Headmistress in the Government Primary School and was earning a sum of Rs.49,579/- as monthly income and she was aged about 48 years at the time of the accident. On 24/01/2016, the parents of the petitioners were proceeding through a two wheeler bearing registration No.TN-75-S-1181 to Vellachivilai from Villukury. The said Radha who is the wife of the rider of the two wheeler was travelling as a pillion rider. At that time, while crossing the road from north to south in the NH47, another two wheeler bearing registration No.TN-75-K-5375 came in a high speed and dashed against the two wheeler of the petitioners' father. Due to the accident, the mother of the petitioners namely Radha sustained severe injuries and she was taken to Krishna Kumar Orthopaedic Hospital at Nagercoil. Thereafter, she died, on 28/01/2016 in the hospital. While so, the first respondent the rider of the two wheeler bearing registration No.TN-75-K-5375 lodged a false complaint against the father of the petitioners and thereafter, the father of the petitioners also died on 24/11/2017. The accident took place due to the negligent driving of the first respondent.Thereby the petitioners sought for compensation of Rs.82,00,000/-.

6.The first respondent filed a counter denying the averments made in the claim petition. According to the first respondent, they denied the manner of the accident, age, income and nature of the injuries sustained by the deceased Radha. The amount of compensation claimed by the petitioners is too high and exorbitant. The accident took place due to the negligence on the part of the father of the petitioners, who crossed the road without any signal and thereby, he himself invited the accident and the accident took place due to the negligent driving of the petitioners' father. FIR also came to be registered against him in Crime No.68 of 2016 on the file of the Eraniel Police Station. The first respondent's vehicle is noway responsible for the accident. The petitioners have not impleaded the owner of the vehicle. Therefore, the first respondent is not liable to pay any compensation.

7.The fourth respondent-The Reliance General Insurance Company filed a counter denying the averments made in the petition and they also denied the age, income and manner of the accident and their liability to pay the compensation. The amount claimed by the claimants is higher and exorbitant. The accident took place due to the negligent driving of the first respondent and the rider of the bike namely Chandra Bhanu, who rode the motorcycle by following the traffic Rules. At the time of the accident, three persons were travelling in the motorcycle bearing registration No.TN-75-S-1181 and thereby, lost control and balance and due to it, the accident was happened. Therefore, the 4^th respon