KARPAGAVINAYAGAM, J.

( 1 ) THE award of compensation of Rs. 50,000 in favour of the claimant No. 9 in M. C. O. P. No. 12 of 1989 on the file of the Motor Accidents claims Tribunal, Tiruchirappalli is challenged in this appeal by the Dheeran chinnamalai Transport Corporation Ltd. , the appellant herein.

( 2 ) I have heard the counsel for the parties.

( 3 ) IN my view, on a short and simple ground, the impugned award has to be set aside and remitted back to the Tribunal for fresh consideration.

( 4 ) THE claim was made in M. C. O. P. No. 12 of 1989 by the claimants seeking for a compensation of Rs. 12,50,550 for the death of Elvis Vassou. The Tribunal on consideration of the materials placed by both the parties, concluded that both the victim and the bus driver contributed to the accident by their negligence in the ratio of 50:50 and held that the claimant no. 9 who is dependent on the income of the deceased was entitled to 50 per cent of the total compensation of Rs. 1,00,000.

( 5 ) THOUGH there is no appeal by the claimants with regard to the contributory negligence as well as the quantum, the corporation has filed this appeal with regard to the quantum.

( 6 ) THE mai