C O M M O N J U D G M E N T

These appeals are directed against the common Award dated

09.04.2018 passed in M.C.O.P.Nos.587 of 2014 and 710 of 2014 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

2. For the purpose of convenience, the parties are described as per their ranking before the Tribunal.

3. The facts in nutshell are as follows :

(i) On 12.11.2013 at about 8.00 p.m the deceased Kumar @

Rajkumar was riding a two wheeler bearing Registration No.TN 28 P 2293 on Namakkal – Tiruchengode Main Road and the claimant Raj @ Nagaraj (M.C.O.P. No.587 of 2014) is the pillion rider of the said two wheeler. When they were proceeding near Kumaramangalam Milk Society, on the extreme left side of the road, a lorry bearing Registration No.TN 45 Z 2426, belonging to the first respondent and insured with the second respondent, driven by its driver in a rash and negligent manner, without giving proper signals applied a sudden brake, hence, the two wheeler hit rear side of the lorry. Due to the said impact, the deceased Kumar @ Rajkumar succumbed to injuries at the Hospital and the claimant Raj @ Nagaraj sustained fracture on his right thigh and some other multiple injuries all over his body. The accident had occurred only due to rash and negligent driving of the lorry driver, and hence, the Tiruchengode Rural Police had registered a case in Crime No.625 of 2013 against the driver of the lorry.

(ii) The deceased Kumar @ Rajkumar was aged about 34 years at the time of accident and he was a painter and earning a sum of Rs.30,000/- per month. Due to the sudden demise of the deceased, his mother and sister filed the claim petition in M.C.O.P.No.710 of 2014 claiming a sum of Rs.25,00,000/- as compensation for the death of the deceased.

(iii) The injured/claimant (Raj @ Nagaraj ) was aged about 30 years at the time of accident and he was also a painter and earning a sum of Rs.30,000/- per month. Due to the accident, the claimant sustained multiple injuries and hence, he filed the claim petition in M.C.O.P.No.587 of 2014 claiming a sum of Rs.15,00,000/- as compensation.

4. Before the Tribunal, the first respondent/owner of the lorry bearing Registration No.TN 45 Z 2426 remained ex-parte.

5. The claim petitions were resisted by the second respondent/

National Insurance Co. Ltd., by filing counter statements denying the manner of accident as projected by the claimants in the claim petitions. They also denied the avocation and income and other claims mentioned in the claim petitions. They also contended that at the time of the accident, the deceased, who rode the two-wheeler did not possess any valid driving licence as per the provisions contemplated under the Motor Vehicles Act.

Thus, they sought for dismissal of the claim petitions.

6. A joint trial was conducted in both the claim petitions. On the side of the claimants, P.W.1 to P.W.5 were examined and Ex.P1 to Ex.P13 were marked. On the side of the respondents, R.W.1 to R.W.4 were examined and Ex.R1 was marked and no documents were marked as Court documents.

7. After analysing the entire evidence, the Tribunal came to the conclusion that as the accident had occurred due to the rash and negligent driving of the driver of the lorry and also the rider of the two wheeler and hence, fixed contributory negligence at 50% on the rider of the two wheeler and fixed contributory negligence at 50% on the driver of the lorry. By coming to such conclusion, the Tribunal has passed an award for a sum of Rs.4,18,200/- [50% of total award] in M.C.O.P.No.710 of 2014; and a sum of Rs.1,16,133/- [50% of total award] in M.C.O.P.No.587 of 2014. Since there was a violation of policy conditions, the Tribunal granted an order of pay and recovery. Therefore, the second respondent/Insurance Company has to pay the compensation at first instance and thereafter, recover the same from the first respondent/owner of the lorry. The break-up details of the compensation awarded by the Tribunal in each of t