The judgment establishes the principle that in cases of motor accidents, the burden of proving contributory negligence lies with the defendant, and the court will consider the deceased's potential future earnings in determining compensation.

(R.BANUMATHI,J.)

1. Being aggrieved by the award passed in M.C.O.P.Nos.151 of 2006 and 150 of 2006 for the death of R.Vijayakumar and his wife Jagadheeswari, the Transport Corporation has preferred these appeals.

2. On 26.12.2004, deceased Vijayakumar was proceeding in Tata Indica Car bearing Regn.No. KA03/MB 6534 along with his wife Jagadheeswari and three others from Thiruvannamalai to return back to Bangalore. While they were proceeding in Uthangarai to Samalpatti main road near Heritage Dairy, the appellants Corporation bus bearing Regn.No.TN.32/N1853 was driven by his driver in a rash and negligent manner, came in the opposite direction and hit against the Tata Indica Car. Due to the impact, the deceased Vijayakumar and his wife Jagadheeswari sustained fatal injuries and died on the spot itself. Three others, who travelled in the car along with the deceased, sustained severe injuries and they were admitted in the Hospital. The deceased Vijayakumar died on his way to the Hospital. Regarding the accident, a criminal case was registered in Crime No.62 of 2004 under Sections 279, 337 and 304(A) of IPC of Samalpatti Police Station. The deceased Vijayakumar was a specialist in erecting and repairing all types of borewell pumps and borewells and he was also a partner in M/s.Rajarajeswari Kalyana mantapam at Bangalore. The deceased was earning Rs.1,85,766/- per annum and he was an income tax assessee. The deceased Jagadheeswari was also a partner in the said Rajarajeswari Kalyanamantapam and she was also earning income. Alleging that the accident was due to rash and negligent driving of the appellant Corporation bus by its driver, the minor children of deceased Vijayakumar and Jagadheeswari have filed two claim petitions – M.C.O.P.Nos.150 of 2006 claiming compensation of Rs.45,00,000/- for the death of Vijayakumar and M.C.O.P.No.151 of 2006 claiming compensation of Rs.20,00,000/- for the death of Jagadheeswari.

3. The appellant Corporation resisted both the petitions contending that the Corporation bus was driven by its driver in a correct direction, whereas the deceased was driving Tata Indica Car bearing Regn.No.KA03/MB 6534 in the middle of the road and the accident occurred only due to the rash and negligent and careless driving of the deceased/driver of the Tata Indica car only and therefore the appellant Corporation is not liable to pay any compensation to the claimants. The appellant Corporation also denied the income of deceased Vijayakumar as well as Jagadheeswari and contended that the quantum of compensation claimed by the claimants is on the higher side.

4. Before the Tribunal, both the claim petitions were taken up together and common evidence was adduced. The 1st claimant Sandhya was examined as P.W.1. Sriram, who was travelling along with the deceased at the time of accident, was examined as P.W.2. On the side of the claimants, Exs.P.1 to P.16 were marked. No oral and documentary evidence was adduced on the appellant side. Upon consideration of oral and documentary evidence, Tribunal held that the accident was due to the rash and negligent driving of the bus driver and that the deceased was not responsible for the accident. In so far as the quantum of compensation, the Tribunal has taken the income of deceased Vijayakumar as Rs.12,000/-and deducted 1/4th for personal expenses. Since the deceased Vijayakumar was aged 48 years, as per the II Schedule, the Tribunal adopted multiplier 13 and calculated the loss of dependency at Rs.14,04,000/-. Adding conventional damages, the Tribunal has awarded total compensation of Rs.14,24,000/- for the death of deceased Vijayakumar.

5. In so far as deceased Jagadheeswari, the Tribunal has taken her monthly income as Rs.5,500/-and deducted 1/4th for personal expenses. Since the deceased jagadheeswari was aged 40 years the Tribunal has adopted multiplier 15 and calculated loss of dependency at Rs.7,65,000/-. Adding conventional damages, the Tribunal has awarded compens