JUDGMENT : V.SIVAGNANAM, J. (Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against award and decree dated 19.09.2019 passed in M.C.O.P.No.20 of 2017 on file of Motor Accidents Claims Tribunal (II Additional District Judge Court, Vellore District, Vellore @ Ranipet).) 1. Questioning award passed by Motor Accidents Claims Tribunal (II Additional District Judge Court, Vellore District, Vellore @ Ranipet), in M.C.O.P.No.20 of 2017, dated 19.09.2019, present appeal has been filed by Insurance Company. 2. It is case of claimants that on 24.06.2016, when deceased was proceeding from Manthangal Mottoor to Muthukadai, ie., from east to west, in two wheeler bearing Registration No.TN 73 C 8728, a two wheeler bearing Registration No.TN 73 L 2191 came from north to south direction, hit against vehicle belongs to deceased. Due to accident, deceased sustained grievous injuries all over body and died in hospital. 3. first claimant is wife of deceased and claimants 2 and 3 are their sons and claimants 4 and 5 are parents. appellant herein is insurer of two wheeler. Alleging that accident had taken place due to rash and negligent driving of rider of two wheeler bearing Registration No.TN 73 L 2191, claimants laid a petition, claiming compensation of Rs.30,00,000/-. 4. Resisting claim petition, Insurance Company filed their counter disputing manner of accident, age, avocation and income of deceased and its liability to pay compensation. 5. To substantiate case, on side of claimants PWs1 and 2 were examined and Exs.P1 to P15 were marked. On side of Insurance Company, RW1 was examined and Ex.R1 was marked. 6. Tribunal, after considering oral and documentary evidence held that accident had occurred due to negligence of rider of two wheeler bearing Registration No.TN 73 L 2191 and awarded a compensation of Rs.23,50,000/- along with interest at rate of 7.5% p.a., from date of claim petition till date of realization. Since rider of two wheeler did not have valid driving licence at time of accident, Tribunal directed Insurance Company to pay above compensation amount at first instance and thereafter recover same from owner of vehicle. Assailing award, appellant/Insurance Company has filed present appeal. 7. learned counsel for appellant, Mr.R.Sivakumar, would submit that accident had happened due to negligence on part of deceased. Assailing award, appellant/Insurance Company has filed present appeal. 7. learned counsel for appellant, Mr.R.Sivakumar, would submit that accident had happened due to negligence on part of deceased. A case in Cr.No.307 of 2016 for offences under Sections 279 and 337 of IPC was also registered as against deceased, for his negligent driving of two wheeler. After conducting enquiry on witnesses, police filed charge sheet against deceased and since he died, action has been dropped on Cr.No.307 of 2016. Tribunal without any valid reason believed evidence of P.W.2, came to conclusion that accident had happened due to negligence on part of rider of two wheeler bearing Registration No.TN 73 L 2191. deceased was a tort feaser and therefore, claimants are not entitled to claim compensation from appellant Insurance Company. Since both deceased and rider of two wheeler bearing Registration No.TN 73 L 2191 was responsible for accident, pay and recovery ordered by Tribunal is unsustainable. Further, quantum of amount awarded by Tribunal is also exorbitant, which needs reduction and thus he pleaded to allow this appeal. 8. Per contra, learned counsel for respondents 1 to 5 / claimants made his submissions supporting award passed by Tribunal and prayed to dismiss appeal. 9. Heard learned counsels appearing on either side and perused materials available on record. 10. A perusal of FIR-Ex.P.1, indicates that on 24.06.2015 at about 7.45 pm, complainant-Sekar came in his two wheeler along with his daughter-in-law and 8 months old grand daughter, from Muthu kadai to Srinivasan Pettai road near Shanmuga Theatre, at that time, deceased driven his two wheeler in a rash and negligent manner, hit against them and in consequence, complainant, his daughter-in-law and 8 months old child sustained minor injuries. Immediately he sent his daughter-in-law and child to SMH Hospital in a private auto and then he found that deceased also sustained grievous injuries all over body and he sent him to Walajah Government Hospital. On enquiry, he came to know that deceased is Saravanan, from Maanthangal Village. Based on complaint given by said Sekar, a case has been registered in Cr.No.307 of 2016 under Section 279 and 337 of IPC against Saravanan. Since, he died, police personnel dropped action against him. 11. On enquiry, he came to know that deceased is Saravanan, from Maanthangal Village. Based on complaint given by said Sekar, a case has been registered in Cr.No.307 of 2016 under Section 279 and 337 of IPC against Saravanan. Since, he died, police personnel dropped action against him. 11. Tribunal relied upon evidence of R.W.1-Samikannu, who was working as Senior Assistant in appellant Insurance Company filed Affidavit, in which he had stated that Sekar, drove two wheeler bearing Registration No.TN 23 L 2191, when they were nearing Shanmuga Theatre, he suddenly turned his bike towards right, due to which deceased hit against two wheeler of Sekar and sustained grievous injuries. Thereby, Tribunal fixed liability upon driver of 1st respondent vehicle and awarded compensation. 12. learned counsel for appellant while arguing case, placed reliance upon award dated 18.10.2019 passed in M.C.O.P.No.108 of 2017, wherein in this case claimant is Suganya, who is daughter-in-law of Sekar and Tribunal has awarded a sum of Rs.37,000/- for very same accident, by fixing negligence on deceased Saravanan, based on police complaint-Ex.P.1 and Charge Sheet- Ex.R.1. 13. In light of above submissions made by learned counsel for appellant, we do not know, why learned counsel for Insurance Company, who appeared before Tribunal in both cases, did not disclose about earlier disposal of M.C.O.P.No.20 of 2017, dated 19.09.2019. Further, FIR has been registered only against deceased- Saravanan. police personnel also after conducting investigation came to conclusion that Saravanan was responsible for accident and thereafter dropped action, since he died. No complaint has been made against rider of two wheeler-Sekar. R.W.1-Samikannu, deposed and filed a counter stating that accident had occurred due to negligence on part of Sekar. P.W.2 – Kumaran also deposed manner of accident, who stood as an eye witness to alleged accident and also alleged that accident had occurred due to negligent driving of two wheeler rider-Sekar. Rough Sketch – Ex.P.7 indicates that accident took place in centre of road. Further, Ex.P.1 also reveals that deceased also contributed negligence on alleged accident. 14. In view of above discussions, this Court fixes liability on both two wheeler rider, who drove two wheeler bearing Registration No.TN 73 C 8728 and two wheeler bearing Registration No.TN 73 L 2191 as 50 : 50. Thereby, deceased in this case also contributed 50% negligence on alleged accident, which took place on 24.06.2016. Further, 1st respondent vehicle is insured with 2nd respondent. Thereby, deceased in this case also contributed 50% negligence on alleged accident, which took place on 24.06.2016. Further, 1st respondent vehicle is insured with 2nd respondent. Therefore, 2nd respondent – Insurance Company is liable to indemnify insured vehicle and liable to pay 50% of award amount as negligence is fixed upon 1st respondent's vehicle rider – Sekar. With regard to quantum, we are of opinion that it is just and reasonable compensation. Since 50% negligence is fixed upon deceased, claimants are entitled to get 50% of award amount alone. 15. i) In view of above modifications, Civil Miscellaneous Appeal is partly allowed. appellant/Insurance Company is directed to deposit modified award amount of Rs.11,75,000/- with accrued interest and costs, less amount already deposited, if any, within a period of eight weeks from date of receipt of a copy of this order. On such deposit, major claimants are permitted to withdraw award amount, less amount already withdrawn, if any, together with proportionate interest and costs. Insofar as 2nd and 3rd claimants / minor children are concerned, their shares shall be deposited by Tribunal in any Fixed Deposit Scheme in any one of Nationalized Bank and it shall be renewed periodically till they attain majority and interest accrued thereon shall be withdrawn by 1st claimant / mother once in three months. apportionment of shares as fixed by Tribunal to claimants, is hereby confirmed. No costs. Consequently, connected Miscellaneous Petition is closed. (ii) appellant/Insurance Company is permitted to recover above compensation amount in accordance with law from 1st respondent/ owner of two wheeler Vehicle bearing Registration No.TN 73 L 2191 after making payment to claimants.