P SHANTHI Vs. P PRAKASH

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chennai, in and by the award dated 26.04.2016 passed in MCOP No. 8201 of 2013, the claimant has filed C.M.A. No. 2393 of 2016 seeking enhancement of compensation. As against the very same award, questioning the quantum of compensation awarded in favour of the claimant, the Insurance Company has filed C.M.A. No. 2519 of 2016. As both the appeals arise out of the common Order dated 26.04.2016 passed by the Tribunal, these appeals are taken up for hearing together and are disposed of by this common Judgment.

(2.) For the sake of convenience, the parties to these appeals shall be referred to as 'claimant' and 'Insurance Company'.

(3.) The case of the claimant is that on 16.10.2013 at about 11.30 hours, while the victim Shanthi, Wife of the claimant, was walking on S.P Road, near CLRI Outgate, as a Pedestarian, the motor cycle bearing Registration No. TN 02 X 1072 was driven by the first respondent in the claim petition namely Prakash at a hectic speed and in a rash and negligent manner and hit the victim Shanthi. In the impact, the victim sustained multiple fracture injuries all over her body. Immediately, the victim was taken to Fortis Malar Hospital, Adyar, Chennai where she has taken treatment for some time and thereafter, she has also taken treatment at St. Thomas Hospital, St. Thomas Mount, Chennai - 600 016. According to the claimant, due to the injuries sustained in the accident, particularly the injuries on her head, the victim had slipped to coma and till the date of filing the claim petition, she could not regain consciousness. It is further stated that the accident had occurred due to the rash and negligent driving of the driver of the motor cycle and therefore, the owner of the two wheeler as well as the Insurance Company are jointly and severally liable to pay the compensation amount. Accordingly, the claimant has filed the claim petition claiming a sum of Rs. 1 crore as compensation.