PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, against the award dated 08.04.2025 passed in M.C.O.P.No.2 of 2020, on the file of the Motor Accident Claims Tribunal/Special District Judge No.1 to deal with MCOP cases of Tiruchirappalli insofar as liability to pay compensation and quantum of compensation are concerned.

JUDGMENT

This Civil Miscellaneous Appeal is directed against the award made in M.C.O.P.No.2 of 2020, dated 08.04.2025, on the file of the Motor Accident Claims Tribunal / Special District Court to deal with M.C.O.P., cases, Tiruchirappalli.

2. The appellant/Insurer, who was directed to pay compensation of Rs.8,27,939/- with interest and costs to the respondents 1 to 5/claimants for the death of Ahemed Batcha consequent to an accident occurred on 21.04.2019, challenged the liability mulcted on it and also the quantum of compensation awarded by the Tribunal.

3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.

4. Originally, the injured has filed the claim application and during the pendency of the same, the injured claimant had died and hence, his legal heirs got themselves impleaded as the claimants 2 to 6 and amended the claim petition seeking compensaton for the death of the said Ahemed Batcha.

5. The case of the claimants is that on 21.04.2019 at 06.30a.m., the claimant was proceeding in his two wheeler bearing Registration No.TN-49-AL-7297 in North-South Madurai road and at the place near South India Steel shop, opposite to Jail Pettai, Trichy, one Bajaj Auto bearing Registration No.TN-45-BE-0830 which came in the same direction from South to North in a rash and negligent manner, dashed against Ahemed Batcha's vehicle back side and as a result of which, he fell down on the road and sustained grievous and multiple injuries all over his body and that the accident was occurred only due to the rash and negligent driving of the auto driver.

6. It is the further case of the claimants that after the accident, the injured was admitted in Government Hospital, Trichirappalli on 21.04.2019 and was discharged on 23.04.2019, that he was admitted in Cauvery Hospital, Trichy on 23.04.2019 and was discharged on 28.04.2019, that he has been taking continuous treatment as inpatient in private hospitals and that after filing of the above claim petition, he died due to the accidental injuries.

7. The defence of the second respondent Insurer is that the deceased drove TVS XL two wheeler without driving licence and without insurance for the vehicle, in a rash and negligent manner, that due to his old age and without minding the following vehicle suddenly came to the right side of the road and dashed against the left rear pumper of the auto and invited the accident on his own account, that the driver of the auto was not at all fault and the deceased alone was responsible for the accident, that the said deceased had sustained simple injuries and after recovery he was discharged from the hospital, that the injuries allegedly sustained by the deceased have no nexus in causing his death and the death was purely due to his old age, illness and bedsore and that since the first respondent vehicle was not responsible for the accident, the second respondent is not liable for the claim.

8. During trial, the claimants examined the sixth claimant as P.W.1 and one Kajanavas as P.W.2 and exhibited 24 documents as Exs.P.1 to P. 24. The first respondent, owner of the auto had remained exparte. The second respondent - Insurer examined four witnesses as R.W.1 to R.W.4 and exhibited 6 documents as Exs.R.1 to R.6. Two witness documents came to be exhibited as Exs.X.1 to X.2.

9. The learned trial Judge, on considering the evidence both oral and documentary and on hearing the arguments of both sides, passed the impugned award, holding that the accident was occurred only due to the rash and negligent driving of the auto driver, that t