R. Banumathi, J.

1. Being aggrieved by the award of compensation of Rs.25,76,336/- for the death of deceased Sivakumar in the road traffic accident, Appellant-Insurance Company has filed C.M.A.No.1357 of 2010. Being dissatisfied with the quantum of compensation, dependents of deceased Sivakumar have filed Cross Objection No.52/2013 claiming enhancement of compensation. Since both the Appeal and Cross Objection arise out of the same order and the points for determination are one and the same, both the Appeal and Cross Objection were heard together and shall stand disposed of by this Common Judgment.

2. Brief facts are that on 25.10.2006, deceased Sivakumar and his three friends were returning in Maruthi Esteem car bearing registration No.TN-09-M 2706 from Pondicherry to Chennai after attending betrothal function at Pondicherry. When the car was nearing Sambuvelli street, Marakkanam at about 4.00 A.M., the bus bearing registration No.PY-01-Z 9697 owned by the 5th Respondent proceeding in the same direction stopped all of a sudden and the car rammed into the bus. Due to the impact, the driver of the car, Sivakumar and the other occupants have sustained grievous injuries and the driver and two other occupants died on the spot. Immediately after the accident, Sivakumar was taken to Pondicherry Institute of Medical Science Hospital, Kalapet where he succumbed to the injuries. Regarding the accident, a criminal case was registered against the bus driver in Crime No.442 of 2006 under Sections 279, 338 and 304(A) I.P.C. of Marakkanam Police Station. At the time of accident, deceased Sivakumar was working as Software Engineer in Satyam Computers Service Limited, Chennai and earning Rs.3,44,332/- per annum. Alleging that the accident was due to rash and negligent act of the bus driver in suddenly stopping the bus and that they have lost their son and his support, the Claimants who are parents and sisters have filed the Claim Petition claiming compensation of Rs.60,00,000/-.

3. Resisting the Claim Petition, Appellant-Insurance Company filed counter stating that the car bearing No.TN-09 M 2706 was driven in a rash and negligent manner which resulted collision on the bus and that the Respondents 6 and 7, who are owner and insurer of the car alone is liable to pay compensation. It was averred that the driver of the car had no valid and effective driving licence. Appellant-Insurance Company also denied the age, occupation, monthly income of the deceased and that the compensation claimed is excessive.

4. Before the Tribunal, 2nd Claimant-Kanagesan examined himself as P.W.1. Eyewitness Manikandan was examined as P.W.2. Passenger of the bus bearing registration No.PY-01 Z 9697 viz., Saravana Kumar was examined as P.W.3. Srinivasan, Manager in Satyam Computers Service Limited, Chennai was examined as P.W.4. Exs.P1 to P25 were marked. On the side of Appellant-Insurance Company, the driver who was on duty [A.Krishnamurthy] was examined as R.W.1. The then Sub-Inspector of Police, Marakkanam Police Station [A.Babu] was examined as R.W.2. No document was marked on the side of Appellant-Insurance Company.

5. Upon consideration of oral and documentary evidence, Tribunal held that the accident was due to rashness and negligence of the bus driver in suddenly stopping the bus, due to which the car dashed against the bus and rammed into the bus which caused the death of deceased Sivakumar and three other persons. Finding that the accident was due to rash and negligent driving of the bus driver, Tribunal held that the 5th Respondent-owner of the bus and Appellant, who is the insurer of the bus bearing registration No. PY-01 Z 9697 are jointly and severally liable to pay compensation to the Claimants. Based on Ex.P11-Pay Slip and Ex.P20-salary particulars of the deceased, Tribunal had taken the monthly income of the deceased at Rs.24,484/- per month and calculated the annual income at Rs.2,93,808/-. Deducting one-third i.e. Rs.97936/-for persona