JUDGMENT

This Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1249 of 2014 dated 07.07.2021 on the file of the Special District Court (Motor Accident Claims Tribunal), Trichirappalli.

2. The appellant/Insurer, who was made liable to pay compensation of Rs.7,18,850/- with interest at 7.5% per annum and costs to the respondents 1 to 3/claimants for the death of one Balakrishnan, who died consequent to an accident occurred on 10.02.2014, challenged the liability mulcted on it and the quantum of compensation awarded at, by the Tribunal.

3. Admittedly, the first respondent/first claimant is the wife and the respondents 2 and 3/claimants 2 and 3 are the sons of the deceased Balakrishnan.

4. The case of the respondents 1 to 3/claimants is that on 10.02.2014 at about 07.00 p.m., when the deceased Balakrishnan was walking from East to West direction on Viralimalai to Manapparai road, just in front of the Primary Health Centre, a two wheeler bearing Registration No.TN-55-AA-7596 came from West to East direction in a rash and negligent manner without sounding and without observing the traffic rules to the extreme right side of the road and dashed against the pedestrian Balakrishnan, that due to the said accident, the said Balakrishnan had sustained serious injuries, that the injured Balakrishnan was immediately taken to Trichy Government Hospital and thereafter, he was admitted in Chennai Medical College and Research Centre, Irungalur, Trichy, that he was subsequently admitted in Theni Government Hospital, that despite treatment, he succumbed to the injuries on 18.04.2014 and that the accident was occurred only due to the rash and negligent driving of the two wheeler rider and hence, a case has been registered against the two wheeler rider in Crime No.27 of 2014 for the offences under Sections 279 and 337 IPC on the file of Viralimalai Police Station.

5. It is the further case of the respondents 1 to 3/claimants that the deceased Balakrishnan was doing stone breaking work and was earning Rs.10,000/- per month.

6. The defence of the appellant/Insurer is that the deceased Balakrishnan had suddenly crossed the road from his left to right by using drugs, that the two wheeler rider, on seeing the sudden development, had sounded horn and took the Honda Shine to his extreme right side to avoid the accident, but inspite of his best efforts, the deceased Balakrishnan had proceeded in the same fashion and dashed against the Honda Shine two wheeler, that the accident was occurred only, due to the sudden crossing of the deceased Balakrishnan and that therefore, the appellant/Insurer is not liable for the claim.

7. It is the further case of the appellant/Insurer that the accident was occurred on 10.02.2014, but the injured Balakrishnan died on 18.04.2014, that there was no nexus between the accident and the death, that the death of the said Balakrishnan was natural and not due to the accidental injuries and that therefore, the appellant/Insurer is not liable to pay any compensation to the respondents 1 to 3/claimants.

8. During trial, the respondents 1 to 3/claimants have examined the respondents 1 and 2/claimants 1 and 2 as P.W.1 and P.W.2 respectively and two other witnesses Thiru.R.Subramanian and Doctor C.Subramani as P.W.3 and P.W.4 respectively and exhibited 9 documents as Ex.P.1 to Ex.P.9. The appellant/Insurer has examined two witnesses Thiru.Chellapandian and Thiru.Aravind Kumar as R.W.1 and R.W.2 respectively and adduced no documentary evidence. Two witness documents were exhibited as Ex.X.1 and Ex.X.2.

9. The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed the impugned award dated 07.07.2021 holding that the two wheeler rider was responsible for the accident, directed the appellant/Insurer to pay compensation of Rs.7,18,850/- with interest and costs. Aggrieved by the said award, the appellant/Insurer has come forward with the prese