POONGODI Vs. ANANTHAKUMAR

JUDGEMENT

(1.) These appeals have been filed by the respective claimants seeking enhancement of compensation under the common judgment and decree dated 14.12.2018 passed by the Motor Accident Claims Tribunal/Special District Court (FAC), at Erode in MCOP.Nos.611 and 609 of 2017.

(2.) Since both these appeals are arising out of the very same accident and a common award, they are disposed of by this common judgment. Brief facts leading to the filing of these appeals:

(3.) On 17.07.2017, one Ravikumar was riding his two wheeler bearing registration No.TN33 BC-1165 along with Perumal and Manikandan who were pillion riders and they were proceeding from Erode to Karur main road. Due to the rash and negligent driving by the first respondent/driver of the lorry bearing registration No.TN45 AL-1224 owned by the second respondent and insured with the third respondent, the lorry collided with the two wheeler and the accident had happened which resulted in the death of Perumal and Ravikumar. The Appellants in CMA.No.2884 of 2019 who are the legal representatives of the deceased Perumal preferred a claim petition before the Motor Accident Claims Tribunal in MCOP.No.611 of 2017 seeking a compensation of Rs.60,80,000/- which was restricted by the claimants to Rs.20,00,000/- under the claim petition. Similarly, the Appellants in CMA.No.2885 of 2019 who are the legal representatives of the deceased Ravikumar preferred a claim petition before the Motor Accident Claims Tribunal in MCOP.No.609 of 2017 seeking a compensation of Rs.55,80,000/- which was restricted by the claimants to Rs.15,00,000/- under the claim petition.