V. Dhanapalan, J.

1. Heard Mr. V. Ramesh, learned counsel for the appellant Transport Corporation and Mr. Mukund R. Pandian, learned counsel appearing for the respondents/claimants.

2. The Transport Corporation is on appeal against the award dated 02.03.2011 made in M.C.O.P.No.321 of 2007 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Krishnagiri.

3. It was the case of the respondents/claimants before the Tribunal that on 10.10.2006, when the deceased one E.Jaishankar was driving his motor cycle bearing Registration No.TN 24 X 3025 from his residence to Bagalur Hudco to attend some personal work, about 8.30 p.m., when he was nearing the opposite side of ICICI Bank, Hosur, on Hosur-Krishnagiri Road, a Tamilnadu State Transport Corporation bus bearing Registration No.TN 29 N 1180 came in an uncontrollable speed and dashed against the deceased, who was driving his motor cycle on the left side of the road. Due to that impact, the deceased sustained grievous injuries and died on the spot itself. The Hosur Traffic Investigation Wing Police registered a case against the driver of the TNSTC Bus in Crime No.334/2006 under Sections 279 and 304A IPC. Since the deceased was aged only 30 years at the time of accident, his dependants, who are his wife, son and mother, claimed a sum of Rs.35,00,000/- as compensation under different heads.

4. The Transport Corporation resisted the claim petition that the driver of the TNSTC bus bearing Registration No.TN-29 N 1180 drove the same very slowly, cautiously and observing all the traffic rules. While nearing the said place, the rider of the said motorcycle bearing Registration No.TN 24 X 3025 drove the same in a rash and negligent manner without observing any rules of the road, suddenly turned to the right side of the road and fell down on the road and caused the accident. The rider of the motorcycle was not having any valid driving licence at the time of accident and hence the Transport Corporation is not liable to pay any compensation to the claimants. According to the Transport Corporation, the compensation claimed by the claimants is very high and excessive and hence, sought dismissal of the claim petition.

5. Before the Tribunal, the 1st claimant examined herself as P.W.1. One Mahesh and one Janardhanan were examined as P.W.2 and P.W.3, respectively. On behalf of the claimants, Exs.A1 to A14 were marked. On the side of the respondents, the Conductor of the State Transport Corporation bus was examined as R.W.1. But, no document has been marked on their side.

6. The Tribunal, on evaluation of pleadings and evidence, found that the driver of the State Transport Corporation Bus was responsible for the accident and awarded a sum of Rs.14,44,000/- as compensation with interest at the rate of 6% per annum. The compensation awarded by the Tribunal under different heads are as under:

S. No. Heads Amount

1 Loss of dependency Rs. 10,88,000.00

2 Future Prospects Rs. 3,26,000.00

3 Loss of consortium and company Rs. 15,000.00

4. Loss of Estate Rs. 10,000.00

5 Transportation & Funeral Expenses Rs. 5,000.00

Total Rs. 14,44,000.00

Aggrieved by the said award, the appellant Transport Corporation is before this Court seeking modification of compensation.

7. Learned counsel for the appellant Transport Corporation would mainly question the award of the Tribunal on three grounds: firstly, the income of the deceased was fixed without any documentary evidence to support; secondly, the percentage of computation of future prospects determined by the Tribunal is not correct and thirdly, 20% of the total income, which has to be deducted for the purpose of Income Tax, is not done. Therefore, he would contend that the award is legally infirmed. Though he raised a plea of negligence, in view of the Tribunal's conclusion on the oral and documentary evidence including R.W.1's evidence, he did not insist on the aspect of negligence.

8. On the above points, we have heard the learned counsel for the responden