C O M M O N J U D G M E N T

The matter is heard through "Video Conferencing".

C.M.A. No.35 of 2021 is filed for enhancement of the compensation and C.M.A. No.1767 of 2020 is filed to set aside the award dated 19.02.2020, made in M.C.O.P. No.192 of 2018, on the file of the Special Sub Court, (Motor Accident Claims Tribunal), Erode.

2.Both the appeals arise out of the same accident and same award and hence, they are disposed of by this common judgment.

3.The parties are referred to as per their rank in the claim petition, for the sake of convenience.

4.The claimant filed M.C.O.P. No.192 of 2018, on the file of the Special Sub Court, (Motor Accident Claims Tribunal), Erode, claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident that took place on 22.01.2018.

5.According to the claimant, on the date of accident, when he was riding his Motorcycle bearing Registration No.TN-36-AS-0670 on Perumanallur to Perundurai N.H.544 bye-pass road from West to East direction at left side of the road, while proceeding near Vijayamangalam Vaipadi Pirivu, the 1st respondent drove the Eicher Van bearing Registration No.TN-23-3432 belonging to the 2nd respondent from South to North direction in a rash and negligent manner and dashed against the Motorcycle rode by the claimant and caused the accident. In the accident, the claimant sustained multiple fractures and grievous injuries all over the body. The accident occurred only due to rash and negligent driving by the driver of the Eicher Van belonging to the 2nd respondent and hence, the claimant filed the claim petition, claiming compensation against the respondents as driver, owner and insurer of the said vehicle respectively.

6.The respondents 1 and 2 remained exparte before the Tribunal.

7.The 4th respondent-Insurance Company filed counter statement and denied all the averments made by the claimant in the claim petition, which was also adopted by the 3rd respondent-Insurance Company. According to the 4th respondent, the accident occurred when the 1st respondent who was driving the Eicher Van slowly and cautiously observing all the traffic rules on the South to North road, from Vaipadi and entering into Vijayamangalam road, the claimant who was riding the Motorcycle without reducing the uncontrollable speed, failed to notice the Eicher Van and dashed the Motorcycle on the left side of the Van and invited the accident, without giving any opportunity to the 1st respondent to avert the collision. The accident occurred solely due to rash and negligent riding of Motorcycle by the claimant, without wearing helmet. Hence, maximum percentage of liability may be fastened upon the claimant and prayed for dismissal of the claim petition.

8.Before the Tribunal, the claimant examined himself as P.W.1, examined Dr.Kesavamoorthy as P.W.2 and marked 21 documents as Exs.P1 to P21. The respondents did not let in any oral and documentary evidence. The disability certificate issued by the Medical Board was marked as Ex.C1. 9.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the 1st respondent, driver of the Eicher Van belonging to the 2nd respondent and directed the respondents 3 and 4 as insurer of the said vehicle to pay a sum of Rs.6,06,000/- as compensation to the claimant.

10.To set aside the said award dated 19.02.2020, made in M.C.O.P.

No.192 of 2018, the respondents 3 and 4 - Insurance Companies filed C.M.A. No.1767 of 2020 and not being satisfied with the amounts awarded by the Tribunal, the claimant has filed C.M.A.No.35 of 2021, for enhancement of compensation.

11.The learned counsel appearing for the claimant contended that the claimant suffered fracture of right leg knee and ankle and disability. He was referred to the Medical Board and the Medical Board assessed that the claimant suffered 60% disability. At the time of accident, he was working as a Medical Representative and wa