B.PRABHU Vs. SUN PHARMACEUTICAL INDUSTRIES

JUDGEMENT

(1.) Both the above appeals have been filed by the claimants seeking for enhancement of compensation amounts awarded by the II Judge Small Causes Court (Motor Accidents Claims Tribunal), Chennai, dated 22.09.2010 made in M.C.O.P.Nos. 2251 and 2257 of 2005.

(2.) The claimant B.Prabhu is the appellant in CMA.No.2339 of 2011 against M.C.O.P.No.2251 of 2005. The claimant A.Ganesh Kumar is the appellant in CMA.No.2287 of 2011 against M.C.O.P.No.2257 of 2005.

(3.) Both the claim petitions have been filed before the Tribunal alleging that on 21.12.2003 at about 4.50p.m the petitioner in M.C.O.P.No.2257 of 2005 A.Ganesh Kumar was riding the motor cycle bearing Registration No. TN 07 T 9808 with the petitioner in M.C.O.P.No.2251 of 2005 B.Prabhu as Pillion rider along Anna Salai, Chennai. While so, the driver of the Car GJ 16 C 5858 drove the car in a rash and negligent manner endangering the public safety and came at a dangerous speed and dashed against the petitioners on the back side and thus caused grievous injuries. The accident took place only due to rash and negligent driving of the driver of the car. The first respondent being the owner and the second respondent being the insurer of the car are jointly and severally liable to pay compensation. Therefore, the claimants have filed claim petitions in M.C.O.P.Nos.2251 and 2257 of 2005, claiming a sum of Rs.1,39,000/- and Rs.47,000/- respectively as compensation.