The main legal point established is the determination of negligence and liability under Sections 279, 337 and 304(A) of the Indian Penal Code in a motor accident case.

The above Civil Miscellaneous Appeal has been filed by the appellant/third respondent against the Award and Decree, dated 30.01.2004, made in M.A.C.T.O.P.No.1160 of 2001, on the file of the Motor Accidents Claims Tribunal (II Addl. Sub-Judge), Coimbatore, awarding a compensation of Rs.60,086/-with 9% interest per annum from the date of the petition to till the date of payment of the compensation.

2. Aggrieved by the above said award, the appellant/V.P. Munusamy Nadar, owner of the van bearing registration No.TN65 A8538 has preferred the above appeal to set aside the order.

.3. The short facts of the case are as follows:

.On 02.03.2001, the petitioner was a passenger in the van bearing registration No.TN65 A8538, proceeding from Coimbatore to Madurai and when the van was nearing Perumpallam on the Coimbatore to Dharapuram road, the bus bearing registration No.TN57 N0977, was coming from the opposite direction (Dharapuram to Coimbatore) with highspeed and in a rash and negligent manner dashed against the said van and in the result, the van was thrown out and damaged entirely. The driver of the van sustained serious fatal injuries and died on the spot and two other passengers also died on the spot. The driver of the van had driven the van with due care and following road rules and regulations and only the driver of the bus was solely responsible for the accident. The Kondadam Police has registered a case against the driver of the bus/first respondent in Crime No.46/2001 under Sections 279, 337 and 304(A) of I.P.C.

4. The petitioner sustained severe injuries on the head, right hand, right leg, right knee and lost two teeth and sustained fracture in the Nasal bone of mouth and multiple confusion. Initially, the petitioner has been admitted in the Government Hospital at Dharapuram and after that he had been admitted in Sri Ramakrishna Hospital, Coimbatore and is still getting treatment. Due to the accident, he could not use his hands and legs normally and freely and he could not sit, stand and walk. Due to the head injury and fracture in the nose and mouth, his fact has become disfigured and his health has also been affected. The petitioner, who is a Textile Machine Service Engineer engaged in erection and servicing, is not able to attend to his work and has become permanently disabled.

5. Hence, the petitioner, who was earning a sum of Rs.15,000/-per month, has claimed a compensation of Rs.3,15,500/- but restricted it to Rs.2,00,000/-with interest and costs against the respondents namely driver of the bus, owner of the bus, owner of the van and the insurer of the said van.

.6. The fourth respondent/The New India Assurance Company Ltd., has resisted the claim, in its Counter stating that the fourth respondent is an unnecessary party to the proceedings. Even, as per the petitioners version, the driver of the van bearing registration No.TN65 A8538 was driving the van with due car and following road rules

.and regulations and it was only the driver of the bus, who was solely responsible for the accident. Further, the Kondadam Police have also registered a case only against the driver of the bus/first respondent, bearing registration No.TN57 N0977, under sections 279, 337 and 304(A) of I.P.C as Crime No.46/2001. Therefore, it has been submitted that this respondent is not a necessary party and deserves to be exonerated. Further, the age, occupation, income and nature of injuries and disability have to be proved by the petitioner. Further, the claim of the petitioner is excessive.

7. The second respondent/Tamil Nadu State Transport Corporation Ltd., in its Counter, which the first respondent is in consonance with, has resisted the claim stating that the first respondent, the driver of the bus bus bearing registration No.TN57 N0977 had taken the bus at 6.50 a.m. from Madurai and was proceeding towards Coimbatore, observing all the traffic rules and regulations. At about 9.30 a.m. when it was approaching the Kangampalayam