J MANICKA VALLI Vs. D DINAGARAN

JUDGEMENT

(1.) Not being satisfied with the award passed by the Motor Accidents Claims Tribunal, (Chief Judge, Small Causes Court), Chennai, the claimants in M.C.O.P. NO. 5880 of 2011 have filed C.M.A. No. 3 of 2014. As against the very same award, the Insurance Company has filed C.M.A. No. 3072 of 2014 stating that the award of the Tribunal is extremely on the higher side.

(2.) Since both the appeals arise out of the same award, we dispose of the appeals by this common judgment.

(3.) The claimants are parents of the deceased, by name, Jeyabalaji, aged about 22 years at the time of death. The case of the claimants before the Tribunal was that on 24.07.2011, at about 20.15 hours, their son, Jeyabalaji was riding his motor cycle bearing Registration No. TN-09-BJ-1688 from Guindy to Saidapet along Guindy Race Course Inner Ring Road. While he was so proceeding, near Staff Quarters, another motor cycle bearing Registration No.TN-04-AF-7904, belonging to the 1st respondent and insured with the 2nd respondent Insurance Company, driven in a rash and negligent manner, dashed against the said Jeyabalaji's motorcycle, resulting in an accident, in which he suffered severe head injuries and died during the course of treatment. Hence, the claim petition was filed seeking compensation to the tune of Rs. 75 lakhs.