BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 25.07.2024 DELIVERED ON : 04.09.2024 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN C.M.A.(MD).No.839 of 2021

1.Tajeen

2.Khaja Mohaideen Ajmal 3.Minor Fathimafarkhana

4.Minor Mohaideen Abdulkhadar (Minors 3 & 4 appellants through their Mother and next guardian 1^st appellant herein)

5.Khaja Mohaideen

6.Fathumuthu ... Appellants/Claimants Vs.

1.Vetrivendhan

2.United India Insurance Co.Ltd., Rep. by its Branch Manager, 221, L.M.Anguvilas Building, Main Road, Puliyangudi, Tenkasi District. ... Respondents/Respondents PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to call for the records relating to the judgment and decree dated 03.12.2018 made in M.C.O.P.No.1312 of 2017, on the file of the Motor Accidents Claims Tribunal / Principal District Judge, Tirunelveli and to set aside the same, consequently, enhance the compensation.

For Appellant : Mr.V.Sasikumar For Respondents : Mr.I.Suthakaran for R2 R1 – No Appearance

JUDGMENT

This appeal has been filed against the judgment and decree dated

03.12.2018 made in M.C.O.P.No.1312 of 2017, on the file of the Motor Accidents Claims Tribunal / Principal District Judge, Tirunelveli and seeking enhancement of the compensation.

2.The facts in brief:

On 19.06.2017 at about 11.00 a.m., the deceased Abdul Mazood, was riding two wheeler bearing Registration No.TN 76 R 2590 with a pillion rider Fathima Barkana on the Tenkasi to Madurai Road. When they were nearing Viyasa Arts College, behind them the vehicle bearing Registration No.TN 79 B 0101 was driven by its driver in rash and negligent manner and hit the motor cycle behind. As a result, Abdul Mazood sustained grievous injuries, taken to Vadamalayan Hospital, Madurai and later to the Government Rajaji Medical College Hospital, Madurai. But, died on 23.06.2017, without responding to the treatment. A case in Crime No.281 of 2017 was registered against the first respondent's vehicle driver for the accident.

3.He was aged about 50 at the time of occurrence and working as Personal Resource Officer in Zensar Technologist Limited at United Arab Emirates and earning Rs.2,41,000/- per month. Claiming compensation amount of Rs.3 Crores, the claim petition was filed.

4.That was resisted by the Insurance Company by filing counter stating that the occurrence took place because of rash and negligent driving on the part of the deceased himself. Because he tried to suddenly cross the road without making any indication. Moreover, it is also stated that the owner of the two wheeler permitted the deceased to drive the vehicle without proper driving licence. There was no insurance also. Apart from that it is also contended that driver of the first respondent's vehicle did not have proper driving licence.

5.This petition was tried along with M.C.O.P.No.1346 of 2017 filed by the minor Fathima Barkana for the injury sustained by her in the very same accident. Since she is pillion rider, both cases were tried together. Regarding the first aspect of negligence, the Tribunal recorded a finding that because of rash and negligent driving on the part of the first respondent's vehicle's driver, the occurrence took place. Regarding the compensation amount for the deceased Abdul Mazood, his age was fixed as 51, the monthly income of the deceased was fixed at Rs.25,000/-. Future prospects of 15% was added. Monthly income was fixed as Rs.28,250/-. 1/4^th was deducted towards personal and living expenses. Loss of dependency was fixed as Rs.21,562/- per month. Multiplier 11 was adopted. Total loss of dependency was calculated as Rs.28,46,250/-. To that the customary amounts were added and finally Rs.32,56,750/- was awarded as compensation. Dissatisfying over the same, the appeal is preferred by the claimants.

6.The learned counsel for the appellant would submit that at the time of occurrence, the deceased was working as Service Manager in a private Company in Abudabi. Proper particulars as to the appo