R. DHANDAPANI Vs. C. KARTHIKEYAN

JUDGEMENT

(1.) Feeling aggrieved by the Award dated February 25, 2022 passed by the 'Motor Accidents Claims Tribunal - IV Court of Small Causes, Chennai' ('Tribunal' for short) in M.C.O.P.No.736 of 2015, the respondents therein have preferred CMA.No.222 of 2023 praying to set aside the Award, while the petitioner - claimant therein has preferred CMA No.333 of 2023 praying to enhance the compensation. This Common Judgment will now decide both these Civil Miscellaneous Appeals.

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

(3.) Petitioner is the husband of the deceased K.Hemalatha. The case of the petitioner is that on December 12, 2014, at around 11:00 PM, the deceased - K.Hemalatha was riding as a pillion rider on a motorcycle bearing Registration No.TN-02-W-6240 driven by her brother / first respondent. The first respondent rode the motorcycle in a rash and negligent manner at high speed, lost control and fell into a deep road hollow near Green Garden Colony, Anna Nagar East, Chennai. Consequently, the deceased K. Hemalatha sustained head and multiple fatal injuries. Immediately, she was taken to Sundaram Medical Foundation, Shanthi Colony, Anna Nagar, Chennai. Despite treatment at Sundaram Medical Foundation, she passed away on December 24, 2014 and post-mortem was conducted by Rajiv Gandhi Government General Hospital, Chennai. At the time of accident, the deceased was working as a Staff Nurse in Government Hospital, Coimbatore. The petitioner claims that the rider of the motorcycle / first respondent was solely responsible for the accident, and hence, the respondents 1 and 2, who were the owner and insurer of the motorcycle respectively, are liable to pay compensation. Accordingly, the petitioner filed a claim petition claiming compensation of Rs.50,00,000.00 from the respondents.