IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2019 CORAM THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.M.A. Nos.2309 and 3164 of 2019 and CMP No.10306 of 2019 CMA No.2309 of 2019 M/s.Iffco-Tokio General Insurance Co. Ltd.

No.28, North Usman Road, T.Nagar, Chennai - 17. ... Appellant versus

1. R. Madurai

2. N. Sivakanthan .... Respondents CMA No.3164 of 2019 R. Madurai ... Appellant versus

1. N.Sivakanthan

2. Iffco-Tokio General Insurance Co. Ltd.

No.28, North Usman Road, T.Nagar, Chennai - 17. ... Respondents Common Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the order and decree dated 03.09.2018 made in M.C.O.P. No.791 of 2016 on the file of the Motor Accidents Claims Tribunal, III Additional District Judge, Poonamallee.

C.M.A. No.2309 of 2019 For Appellant : Mr. S.Arunkumar For Respondents : Ms. A. Subadra for M/s. M. Malar for R1 R2 Not ready in Notice C.M.A No.3164 of 2019 For Appellant : Ms.A. Subadra for M/s. M. Malar For Respondents : Mr. S.Arunkumar for R2

COMMON JUDGMENT

(Judgment delivered by Abdul Quddhose, J.

CMA No.3164 of 2019 has been filed by the claimant seeking enhancement of compensation under the impugned award dated 03.09.2018 passed by the Motor Accident Claims Tribunal, Poonamallee (III Additional District Court, Tiruvallur at Poonamalle) in M.C.O.P. No.791 of 2016. CMA No.2309 of 2019 has been filed by M/s.Iffco Tokio General Insurance Company Limited, challenging the same award questioning the quantum of compensation awarded by the Tribunal.

Brief facts leading to the filing of the instant appeals.

2. A person by name N.Janardhanam, died on 8.11.2016, as a result of the accident caused by the driver of the lorry bearing Registration No.TN 02 A 2727 owned by the first respondent in C.M.A. No.3164 of 2019 and insured with the appellant in C.M.A. No.2309 of

2019.

3. On 8.11.2016, Janardhanam was riding a motor cycle bearing TN 20 BL 9078 with his mother as the pillion rider on C.T.H. Road, Thiruninravur Bazaar, in front of Muthu Medicals, at that time, the lorry of the first respondent in C.M.A. No.3164 of 2019, bearing Registration No. TN 02 A 2727 came in the same direction hit against the motor cycle, due to the rash and negligent driving by its driver. Due to the said accident, M.Janaradhanam and his mother fell down on the road and the back wheel of the lorry run over them and they died on the spot.

4. As a result of the said accident, the father of the deceased M.Janaradhanam preferred a claim before the Motor Accident Claims Tribunal, Poonamallee in M.C.O.P. No.791 of 2016 against the respondents in C.M.A. No.3164 of 2019 seeking a compensation of Rs.1,56,00,000/-, which was restricted to Rs.1,20,00,000/-.

5. The Motor Accidents Claims Tribunal, Poonamalle by its award dated 03.09.2018, partly allowed the claim by directing the second respondent /Insurance Company in CMA No.3164 of 2019 to pay a sum of Rs.57,11,704/- together with interest at 7.5% from the date of petition viz., 22.12.2016 till the date of payment in favour of the appellant in C.M.A. No.3164 of 2019.

6. Unsatisfied with the quantum of compensation awarded by the Tribunal under the impugned award, the appellant in C.M.A. No.3164 of 2019 has preferred the said appeal seeking for enhancement of compensation. The Insurance Company viz. M/s.Iffco Tokio General Insurance Company also aggrieved by the same award has preferred another appeal C.M.A. No.2309 of 2019 on the ground that the quantum of compensation awarded by the Tribunal under the impugned award is excessive.

7. Heard Mr.S. Arun Kumar, learned counsel for the appellant /

Insurance Company in C.M.A. No.2309 of 2019, who also represents the second respondent in C.M.A. No.3164 of 2019 and Ms.A.Subadra, learned counsel for the appellant in C.M.A. No.3164 of 2019, who also represents for the first respondent in C.M.A. No.2309 of 2019.

8. According to the claimant, who is the appellant in C.M.A.

No