G.PARAMESWARI Vs. G.SELVAKUMAR

JUDGEMENT

(1.) Feeling aggrieved by the Award dated August 12, 2021 passed by the 'Motor Accidents Claims Tribunal, Special District Judge, Salem' ('Tribunal' for short) in M.C.O.P.No.1264 of 2019, the petitioners/ claimants therein have preferred CMA.No. 3154 of 2021 seeking enhancement of compensation. The second respondent / insurance company therein has preferred CMA.No.1797 of 2022 challenging its liability and the quantum.

(2.) For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Claim original Petition. Petitioners' Case:

(3.) The case of the claimants is that on September 28, 2018, at around 5.00 p.m., the deceased - Vijayakumar, aged 34, was riding his motorcycle bearing Registration No.TN 54 E 8890 from Kodumudi to Salem near Paramathi Pillaikalathur X-road speed breaker. At that time, another motorcycle bearing Registration No.TN 30 P 7447, ridden by its rider rashly and negligently, hit the motorcycle in which the deceased was riding from behind. Due to the sudden impact, the deceased fell down, sustained injuries, and died on the way to the hospital. At the time of the accident, the deceased was working as a Cable Operator for Tamilnadu Arasu Cable T.V., earning Rs.50,000.00 per month. His sister / first petitioner, brother / second petitioner, and mother / third petitioner claimed that the first respondent's vehicle, insured with the second respondent, was liable for the accident. Accordingly, they filed a claim petition seeking Rs.50,00,000.00 as compensation. First Respondent's Case: