ORIENTAL INSURANCE CO. LTD. Vs. THILLAIYAMMAL

JUDGEMENT

(1.) Feeling aggrieved by the Award dated November 20, 2019 passed by the 'Motor Accidents Claims Tribunal, (District Court), Karaikal, ['Tribunal' for short] in M.A.C.T.O.P No.106 of 2017, the second respondent therein / Insurance company has preferred CMA.No.2640 of 2021 questioning the quantum of compensation awarded, whereas the petitioners therein has preferred CMA.No.3517 of 2021 seeking enhancement of compensation, Both the Civil Miscellaneous Appeals will be disposed of by this Common Judgment.

(2.) For the sake of convenience, the parties herein will hereinafter be referred to as per their rank in the Motor Accident Claims Original Petition.

(3.) On March 12, 2017, at around 10:00 PM, the deceased Sudhakaran was walking on the extreme left side of the Thittacherry Main Road, Vazhmangalam, near Pillaiyar Koil. At that time, the first respondent drove a motorcycle bearing Registration No. PY-02-Q-6365 in a rash and negligent manner, hit Sudhakaran from behind and caused severe internal injuries. Sudhakaran was rushed to Government Hospital, Karaikal where he received treatment as an in-patient and was then referred to a Hospital in Thanjavur, but unfortunately, he succumbed to his injuries on the way. A complaint was lodged and an First Information Report (FIR) under Sec. 304 (A) of Indian Penal Code, 1860 was registered against the first respondent in Crime No. 107/2017 by Thittacherry Police. Therefore, the claimants have preferred the claim petition seeking compensation of Rs.35,00,000.00 for the loss and death of the deceased-Sudhakaran from the respondents.