The court confirmed the compensation award by considering the negligence on both sides of the drivers and the reasonableness of the compensation amount.

The above Civil Miscellaneous Appeal has been filed by the appellant/third respondent against the Award and Decree, dated 06.08.2004, made in M.C.O.P.No.635 of 2000, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.II, Additional District Court, Salem, awarding a compensation of Rs.50,200/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

2. Aggrieved by the said Award and Decree, the appellant/third respondent has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

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

The petitioner was travelling in the bus bearing registration No.TN29 N1063 along with his family members, when the said bus was nearing Mettur Pirivu road, the driver of the bus overtook a lorry, which was going in front of the bus and dashed against the lorry. In the impact, the petitioner sustained injuries on his stomach, chest, on the hip, contusion on upper arms, injury on angle and multiple injuries all over the body. Immediately, he was rushed to the Government Hospital, Dharmapuri for treatment.

4. Regarding the said, a case was registered in Crime No.326/2000 by the Krishnagiri Police Station, under Sections 379, 337, 338 and 304(A) of I.P.C.

5. The said accident, in which two vehicles were involved, hence the claimant had filed a petition for compensation against the owner of the lorry, the Insurance Company and also the State Transport Corporation Ltd., since the bus belongs to the said Corporation. The claim amount, a sum of Rs.1,50,000/-. At the time of accident, the petitioners age was 27 years and he was involved in agricultural operations. The claimant further submitted that he also took treatment at the hospital in Dharmapuri. For the said accident, the second respondent ie.the owner of the lorry and the third respondent, the insurer of the lorry and State Transport Corporation are responsible for the said accident. As such, all the three respondents are jointly and severally liable to pay compensation to the petitioner.

6. The third respondent/the Oriental Insurance Co., Ltd., has filed a counter statement and resisted the claim petition. The respondent admitted the accident, which had happened on 19.02.2000. Further, the Insurance Company admitted that the lorry bearing registration No.MDB3007 had been insured by the respondent. The driver of the lorry had driven the lorry with minimum speed. At the back side of the lorry there were danger lights and also a red flag and red light that was fixed at the top of eucalyptus logs. All the danger lights were put on. Apart from that the directional indicating lamp was also intact. But, the driver of the bus had driven his vehicle very rashly and negligently, without sounding the horn and without signalling by switching the dim and dipper lights, came behind the lorry at a high speed and galloping at the same speed and remmed into the back side of the lorry, hence, there is no fault on the part of the lorry driver. As such, the respondent is not liable to pay compensation to the claimant.

7. Without prejudice to the above contents, the third respondent submits that the age, occupation and income of the petitioner of his permanent disability are denied. Further, the petitioner has not sustained grievious injuries, actually he sustained simple injuries and recovered completely and performing his normal work. The claim amount of Rs.1,50,000/- is excessive. The claim petition is not maintainable and prayed for its dismissal.

8. The first respondent/State Transport Corporation has filed a counter statement and opposed the claim petition, stating that the claimants age, occupation, manner of accident, nature of injuries, mode of medical treatment and permanent disability are denied. The driver of the bus had driven the vehicle in a cautious manner towards Dharmapuri, while the bus was nearing Krishnagiri, the lorry proceeded in front of