(V. Dhanapalan, J.)

1. Heard Mr.S.V.Vasanthakumar, learned counsel appearing for Metropolitan Transport Corporation and Mr.N.Nanmaran, learned counsel appearing for the claimants.

2. Aggrieved by the judgment and decree, dated 31.01.2013 made in M.C.O.P.No.3121 of 2011 on the file of the Motor Accidents Claims Tribunal, (IV Judge, Court of Small Causes), Chennai, the Transport Corporation has come on appeal in C.M.A.No.1871 of 2013. On the other hand, the claimants have filed Cross Objection No.49 of 2014 seeking enhancement of compensation awarded by the Tribunal.

3. As the issue involved in the Civil Miscellaneous Appeal and the Cross Objection Petition is one and the same, they are taken up for disposal by a common judgment.

4. It was the case of the claimants before the Tribunal that on 13.04.2011 at 10.00 a.m., while the deceased viz. J.Mallika was walking along EVR Salai, near Janakiram Colony Extension, an MTC bus bearing Registration No.TN 01 N 5533, route No.153 driven by its driver in a rash and negligent manner, overtook a car from its left side, came to the extreme left side of the road and dashed against the deceased from the back side and caused her grievous