SELVI Vs. E. NANDHINI

JUDGEMENT

(1.) C.M.A.(MD) No.2 of 2021 is filed seeking enhancement of Compensation by the Legal Heirs of the deceased K. Selvakumar, whereas, C.M.A.(MD) No.3 of 2021 is filed seeking enhancement of the Compensation by the injured Claimant, who sustained injuries in the same accident.

(2.) The parties are referred to herein as per their ranking before the Tribunal.

(3.) M.C.O.P. No.189 of 2017 has been filed claiming Compensation on account of the death of the deceased husband of the First Petitioner, father of the Second Petitioner and Respondents 3 & 4 are the Parents of the deceased. The deceased Selvakumar is aged 29 years at the time of accident. On 5/9/2016, at about 21.15 hours, the deceased was riding his Motorcycle bearing Registration No.TN-59-BV-8776 with one Tamil Selvan, Appellant in C.M.A.(MD) No.3 of 2017, as Pillion Rider, on Melur-Trichy Main Road from north to south keeping left side of the road. At that time, the First Respondent's Driver drew the car bearing Registration No.TN-38-BT-6458 from the opposite direction in the wrong side and in a rash and negligent manner and dashed against the Two-wheeler on the eastern side of the road. As a result, the deceased succumbed to injuries and the Petitioner in M.C.O.P. No.748 of 2017, who was travelling as a Pillion Rider, sustained injuries. The deceased was earning more than Rs.30,000.00 p.m and hence, the Wife and Minor Child claim Compensation. Similarly the injured filed a separate Claim Petition claiming Compensation for the injuries sustained by him.