IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

C.M.A.Nos.373 & 374 of 2015 and

Cros.Obj.No.66 of 2015

M.P.Nos.1,1,2 of 2015

The New India Assurance Company Ltd.

No.453, Anna salai

SIET building

Teynampet, Chennai-600 018.

and No.45, Moor street

Chennai-600 001.

.. Appellant in both CMAs./

Respondent

Vs.

1.R.Manoj Kumar

.. 1^st Respondent/Petitioner

2.Silver N.Spring Nursery & Primary School

No.29, School view road

1^st lane, R.K.nagar, Chennai-28.

3.Vikramasingh (minor)

Represented by father Mr.Jayasingh

4.Meenazhni

.. Respondents in

C.M.A.No.373 of 2015/

Respondents

1.J.Vikramasingh

... 1^st Respondent/Petitioner

2.Silver N.Spring Nursery & Primary School

No.29, School view road

1^st lane, R.K.nagar, Chennai-28.

..2^nd Respondents in

C.M.A.No.374 of 2015/

1^st Respondent

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

Prayer:

These Civil Miscellaneous Appeals are filed under

Section 173 of Motor Vehicles Act, 1988, against the judgment

and decree dated 25.09.2014 made in M.C.O.P.Nos.1400 of 2009 &

728 of 2012 on the file of the Motor Accidents Claims Tribunal,

IV Small Causes Court, Chennai.

In C.M.A.No.373 of 2015

For Appellant : Mr.R.Neethi Perumal

For R1

: Mr.N.Manokaran

For R2

: Mr.A.Shanmugaraj

For R3

: Mr.K.Suryanarayanan

R4

: No such person

In C.M.A.No.374 of 2015

For Appellant : Mr.R.Neethi Perumal

For R1

: Mr.K.Suryanarayanan

For R2

: Mr.A.Shanmugaraj

Cros.Obj.No.66 of 2015

J.Vikram Singh

.. Cross objector

vs.

1.

The New India Assurance Company Ltd.,

No.45, Moore street, Chennai-1.

2.

Silver N.Spring Nursery & Primary School

No.29, School view road

1^st lane, R.K.nagar, Chennai-28.

.. Respondents

Prayer: Cross Appeal is filed under Order XXXXI Rule 22 of

C.P.C., against the judgment and decree dated 25.09.2014 made in

M.C.O.P.No.728 of 2012 on the file of the Motor Accidents Claims

Tribunal, IV Small Causes Court, Chennai.

For Cross Objector : Mr.K.Suryanarayanan

For R1

: Mr.R.Neethi Perumal

For R2

: Mr.A.Shanmugaraj

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

C.M.A.Nos.373 and 374 of 2015 are filed by the Insurance

Company against the award

dated 25.09.2014 made in

M.C.O.P.Nos.1400 of 2009 & 728 of 2012 on the file of the Motor

Accidents Claims Tribunal, IV Small Causes Court, Chennai.

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

Cross Appeal is filed by the claimant for enhancement of

compensation granted by the award dated 25.09.2014 made in

M.C.O.P.No.728 of 2012 on the file of the Motor Accidents Claims

Tribunal, IV Small Causes Court, Chennai.

2.All the two Civil Miscellaneous Appeals and the Cross

Appeal are arising out of the same accident and common award and

hence, they are disposed of by this common judgment.

3.Parties in these appeals are referred to by their

respective ranks in the claim petitions for the sake of

convenience.

4.The appellant, first respondents and second respondent in

C.M.A.Nos.373 and 374 of 2015 are second respondent/Insurance

Company, claimants and first respondent in M.C.O.P.Nos.1400 of

2009 & 728 of 2012 on the file of the Motor Accidents Claims

Tribunal, IV Small Causes Court, Chennai. The fourth respondent

in C.M.A.No.373 of 2015 is the subsequent owner of the two

wheeler. The claimants filed the said claim petitions claiming a

sum of Rs.15,00,000/- and Rs.10,00,000/- respectively, as

compensation for the injuries sustained by them in the accident

that took place on 20.03.2009.

5.According to the claimants, while they were travelling as

pillion riders in Honda Activa bearing Registration No.TN-06-

1290, driver of the van belonging to the first respondent drove

the vehicle in a rash and negligent manner and dashed against

the two wheeler, in which, the claimants travelled and caused

the accident. Both the claimants sustained injuries and were

admitted in Malar Hospital, Adyar, C