The main legal point established is the determination of negligence in a motor accident case and the consideration of the deceased's pension for calculating loss of dependency.

S. MANIKUMAR, J.

1. Appeal is directed against the judgment and decree, dated 02.07.2015 made in M.C.O.P.No.145 of 2014, on the file of the Motor Accidents Claims Tribunal, (District Court), Karaikal, by which, the Tribunal, after fixing negligence on the driver of the bus, bearing Registration No. TN 32 N 3269, owned by the appellant-Transport Corporation, awarded compensation of Rs.14,50,000/-, with interest, at the rate of 7.5% per annum, from the date of claim, till the date of realisation.

2. Short facts leading to the appeal are as follows:

On 26.08.2012, about 2.30 Hours, when Mr.Souce Joseph Antoine Jean Anatole, was on his way to Airport, along with his family, in Hyundai I-10 Car, bearing Registration No. TN 07 BD 3210, driven by its driver, Mr.Faizur Rahman of Karaikal, in South-North direction on NH 45 Main Road, on the extreme left side, between Tindivanam and Chennai, a Transport Corporation bus, bearing Registration No. TN 33 N 3269, driven by its driver, 5th respondent herein, in a rash and negligent manner, in the opposite direction, dashed against the car, near college bye-pass junction near Salavathi Village and due to the heavy impact, both the car, as well as the bus started burning. The car driver and some passengers from the bus jumped out of the vehicles. However, Mr. Souce Joseph Antoine Jean Anatole, was charred to death, as he was sitting in the front seat of the car. His charred body was transported to Tindivanam Government General Hospital. His wife, 1st respondent herein, also sustained several fractures on her right hand, left leg and unfortunately, lost her left eye vision. In this regard, a case in Cr.No.483 of 2012, has been registered, with Roshanai Police Station, against the 5th respondent, who was negligent in causing the accident.

3. The 1st respondent herein, wife of the deceased, along with her son and daughters, filed a claim petition in M.C.O.P.No.145 of 2014, claiming compensation of Rs.50,00,000/- and submitted that at the time of death, the deceased Souce Joseph Antoine Jean Anatole, was aged about 67 years, pensioner, receiving monthly pension of 1782-04 Euros. According to her, but for the accident, he would have lived for another 15 years and supported the family.

4. Opposing the plea of negligence and quantum of compensation claimed under various heads, the appellant-Transport Corporation contended that the accident occurred, due to the negligence of the driver of the car, who did not follow the Traffic rules and therefore, the concerned Insurance Company of the car, is alone is liable to pay any compensation to the claimants. The Transport Corporation has further contended that at the time of accident, the driver of the car did not have a valid driving licence. A further contention has also been made that since the car was a petrol vehicle, due to the impact of the vehicles, the petrol tank busted and both the car and bus went into flames. According to the Corporation, it is an act of God and there was no negligence on the part of the driver of the bus. Without prejudice to the above, they questioned the quantum of compensation, claimed under various heads.

5. Before the Claims Tribunal, the appellant-Transport Corporation has further contended that the deceased was not an employee, at the time of the accident and that he was only a pensioner, residing at France. Therefore, the appellant-Transport Corporation is not liable to pay any compensation.

6. Before the Tribunal, wife of the deceased examined herself as PW.1 and nine documents have been marked on the side of the respondents/claimants. On the side of the appellant-Transport Corporation, no oral or documentary evidence has been adduced. Considering the oral and documentary evidence, adduced by the appellants/claimants and in the absence of any rebuttal evidence, the Tribunal held that the driver of the appellant