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/2^nd respondent

versus

1. R. Madurai

..1^st respondent/ Petitioner

2. N. Sivakanthan

...

Respondents/1^st Respondent

CMA No.3164 of 2019

R. Madurai

...

Appellant/ Petitioner

versus

1. N.Sivakanthan

2. Iffco-Tokio General Insurance Co. Ltd.

No.28, North Usman Road,

T.Nagar,

Chennai - 17.

...

Respondents/ 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

https://hcservices.ecourts.gov.in/hcservices/

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/-.

https://hcservices.ecourts.gov.in/hcservices/

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.