COMMON JUDGMENT :

R. POORNIMA, J.

Feeling aggrieved by the apportionment of negligence in the ratio of 50:50 and award of compensation of Rs.53,90,804/- passed in M.C.O.P.No.1625 of 2019 for the death of Saravanan, who was a Business Development Executive, Appellant-National Insurance Company, insurer of the Maruti ECCO Car TN-47-AB-8265 has filed CMA(MD)No.499 of 2024.

2. Feeling dissatisfied with the quantum of compensation, Claimants have filed CMA(MD)No.1460 of 2024 for enhancement of compensation granted in MCOP No.1625 of 2019.

3. Since common points arise for consideration, both appeals were taken up together and shall stand disposed of by this common judgment.

4. The facts in brief:-

On 17.10.2015 at about 6.30 p.m., the deceased Saravanan was driving a Ford Fiesta Car bearing registration No.TN-72-AB-4556 from west to east on the left side of Trichy-Karur National Highways. When the Car was nearing Kumaramangalam Bus stop, at that time, a Maruti ECCO Car bearing registration No.TN-47-AB-8265 belonging to the 1st respondent insured with the 2nd respondent came from the opposite direction with excess passengers i.e., from east to west in a rash and negligent manner came to the wrong side and hit against the deceased Car. As a result of which, deceased Saravanan sustained serious head injuries. Immediately, he was taken to Kauvery Hospital, Trichy and took treatment as inpatient from 18.10.2015 to 21.11.2015 where the deceased after best treatment went into coma due to severe brain injury and then shifted to the Maruti Hospital and then Sri Venkateshwara Hospital, Trichy. Thereafter, he has not recovered from coma and died on 17.08.2016 due to brain injury sustained in the accident.

5. Over the occurrence, a case in Crime No.716 of 2015 was registered by the Kuzhithalai Police Station for the offences under Sections 279, 337, 338 and 304(A) of IPC against the deceased.

6. At the time of the accident, the deceased Saravanan was aged about 32 years and was working as a Business Development Executive in Hindustan Unilever Limited at Coimbatore and earning a sum of Rs.57,263/- per month. Seeking compensation amount of Rs.2,00,00,000/-, the legal heirs of the deceased Saravanan, filed the claim petition.

7. The appellant–Insurance Company filed a counter affidavit disputing the manner of accident, negligence, age, income of the deceased and its liability to pay compensation. It was contended that the accident occurred solely due to the negligence of the deceased, who allegedly drove the Car in a rash manner without adhering to traffic rules.

8. Before the Tribunal, on the side of the claimants, 7 witnesses were examined as P.W.1 to P.W.7 and 33 documents were marked as Exs.P1 to P33. On the side of the Respondents, 3 witnesses were examined as R.W.1 to R.W.3 and 16 documents were marked as Exs.R1 to R16.

9. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident occurred due to the negligence of both the drivers. Accordingly, the Tribunal held that the owner of the Maruti ECCO Car bearing Registration No.TN-47-AB-8265 and its insurer, National Insurance Company Ltd., are jointly and severally liable to pay the compensation of Rs.1,07,36,232/-, apportioning the liability in the ratio of 50:50. Consequently, a sum of Rs.53,90,804/- was awarded to the claimants in MCOP No.1625 of 2019.

10. The learned counsel appearing for the appellant-Insurance Company in CMA(MD) No.499 of 2024 submitted that the award passed by the Claims Tribunal is contrary to law, the weight of evidence and the probabilities of the case.

11. According to the learned counsel, the Tribunal erred in awarding excessive compensation to the claimants without properly appreciating the factual and legal aspects of the case. Placing reliance on the decision of the Hon’ble Supreme Court in United India Insurance Co. Ltd. Vs. Shila Dutta & Others [2011 (2) TNMAC 481 (SC)], it was contended that the appellant-Insurance Company need not obtain p