NAVEEN Vs. SAMPATH

JUDGEMENT

(1.) The issue involved in both the Appeals are common and hence, they are taken up together, heard and disposed of through this common Judgment.

(2.) The Appellants, who are the Claimants, were aged about 16 years at the time of accident. The Appellant in C.M.A. No.792 of 2024 was riding the Two-wheeler and the Appellant in C.M.A. No.791 of 2024 was the Pillion Rider and apart from him there was yet another Pillion Rider, who was travelling in the Two-wheeler at the relevant point of time. When the Two-wheeler was nearing Tharadapattu Village at Sathanur to Thandarambattu Road, the Two-wheeler, belonging to the First Respondent, was ridden in a rash and negligent manner and dashed against the Two wheeler that was ridden by the Appellant in C.M.A. No.792 of 2024. As a result, the Appellants herein sustained injuries, which resulted in filing the Claim Petitions before the Tribunal in M.C.O.P. Nos.246 & 247 of 2020. Yet another Pillion Rider succumbed to the injuries.

(3.) The Tribunal, on considering the facts and circumstances of the case and on appreciation of evidence, came to a conclusion that the Two-wheeler belonging to the First Respondent was ridden in a rash and negligent manner as a result of which the accident had taken place. The Tribunal also took into consideration the injuries sustained by the Appellants and fixed the Compensation under various heads. Insofar the Appellant in C.M.A. No.791 of 2024 is concerned, the Tribunal fixed Total Compensation at Rs.1,82,500..00Insofar as the Appellant in C.M.A. No.792 of 2024 is concerned, the Tribunal fixed Total Compensation at Rs.1,72,500..00 The break-up of Compensation awarded by the Tribunal is as follows: