IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE K. RAJASEKAR C.M.A. Nos. 1692 & 233 of 2021 and C.M.P. No. 8960 of 2021 C.M.A. No. 1692 of 2021 M/s. United India Insurance Co. Ltd., Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 06. ... Appellant/ 2nd Respondent Vs.

1. Shanthi

2. K. Varadharajan ... Respondents 1&2/ Petitioners

3. K. Perumal ... 3rd Respondent/ 1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 26.11.2019 passed in M.C.O.P. No. 2625 of 2017 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

For Appellant : Mr. S. Arunkumar For RR 1 & 2 : K. Varadhakamaraj For R3 : No Appearance C.M.A. No. 233 of 2021

1. Shanthi

2. K. Varadharajan ... Appellants/ Petitioners Vs.

1. K. Perumal

2. M/s. United India Insurance Co. Ltd., Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 06. ... Respondents/ Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 26.11.2019 passed in M.C.O.P. No. 2625 of 2017 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

For Appellant : Mr. K. Varadhakamaraj For R1 : No Appearance For R2 : Mr. S. Arunkumar JUDGMENT These Civil Miscellaneous appeals have been filed by the insurance company and claimants challenging the Judgment and Decree passed in M.C.O.P. No. 2625 of 2017 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai. The insurance company has filed this appeal seeking reduction of compensation awarded by the Tribunal, whereas the claimants have filed this appeal seeking enhancement of the same.

2. For the sake of convenience, the parties are referred to herein according to their litigative status and rank before the Tribunal. The brief facts leading to filing of this appeal is as follows:

3. On 01.03.2017 at about 14:30 hours, the deceased Raghuraman was travelling as pillion rider in a motor cycle bearing Registration no. TN- 07-CB-7351 proceeding from West to East at Thiru.Vi.Ka Estate Main road, near Sidco office, Guindy, Chennai, at that time a water tanker lorry bearing Registration No. TN-22-BU-1818, driven by its driver in a rash and negligent manner, hit behind the motor cycle of the deceased and caused the accident. Due to the occurrence, the deceased Raghuraman sustained fatal injuries and died on the spot and F.I.R. was registered against the driver of the water tanker lorry bearing Registration No. TN-22-BU-1818 under section 279 & 304(A) of I.P.C. Due to loss of Raghuraman, the claimants, who are the parents of the deceased has filed a claim petition seeking compensation for a sum of Rs.80,00,000/-.

4. The first respondent is the owner of the water tank lorry bearing Registration No. TN-22-BU-1818 has not contested the claim and remained ex-parte.

5. The second respondent - insurance company has filed a counter and contended that the accident was happened only due to rash and negligent driving of the motorcyclist and the deceased. Further, contended that the offending vehicle was not insured with this respondent and the driver of the offending vehicle had no valid driving licence at the time of accident. The insurance company also disputed the age, occupation, monthly income of the deceased and contended that the amount claimed is highly exorbitant, hence prays to dismiss the claim petition.

6. Before the Tribunal, on the side of the claimants, P.W.1 and P.W.2 were examined and Exs.P.1 to P.10 were marked and on the side of the respondent no witness was examined and no exhibits were marked.

7. Based on the evidence placed on record, the Tribunal in point no.1, has held that the deceased Raghuraman was died due to the rash and negligent driving on the part of the driver of the water tanker lorry bearing Registration No. TN-22-BU-1818, which belongs to the first respo