S. Manikumar, J.

Being aggrieved by the judgment and decree in M.C.O.P. No. 2410 of 2009, dated 08.01.2014, on the file of Motor Accident Claims Tribunal, (III Court of Small Causes), Chennai, the present appeal has been preferred, on the grounds, inter alia that,

(i) The Tribunal has erred in fixing negligence, on the driver of the Metropolitan Transport Corporation bus, bearing Registration No. TN 01 N 7291.

(ii) The Tribunal has erred in awarding higher compensation, by fixing higher notional income of Rs.17,510/-, without deducting income-tax.

(iii) The Tribunal has erred in taking 100% permanent disability, for the purpose of computing loss of future earning.

2. Supporting the above, Mr. K.S. Suresh, learned counsel appearing for the appellant-Transport Corporation submitted that the Tribunal has failed to consider, Ex.P1 - FIR or the evidence of RW.1, driver of the bus, in proper perspective. He further submitted that even as per the evidence of PW.5, the respondent/injured was talking in a cell phone, at the time of accident and therefore, she was negligent.

3. Mr. K.V. Muthuvisakan, learned counsel appearing for the respondent/claimant, made submissions to sustain the award.

Heard the learned counsel appearing for the parties and perused the materials available on record.

4. According to the respondent-injured, on 14.01.2009, about 9.25 Hours, while she was standing in the corner of Anna Salai road, near little mount, Sheckeris Hotel, along with her daughter, a Metropolitan Transport Corporation bus, bearing Registration No. TN 01 N 7291, driven by its driver, in a rash and negligent manner, dashed against both. In the accident, she sustained grievous injuries. A case in Cr. No. 19/S1/09, has been registered against the driver of the Transport Corporation bus, by the Sub-Inspector of Police, J3 Guindy Traffic Investigation Police Station, Chennai. At the time of accident, she was aged 34 years and as an Assistant Manager, Saravana Stocks (P) Ltd., earned Rs.18,000/- per month. She filed M.C.O.P. No. 2410 of 2009, on the file of the Motor Accident Claims Tribunal (III Court of Small Causes), Chennai, claiming compensation of Rs.75,00,000/-, under various heads. Her minor daughter, S. Harshada, who also sustained grievous injuries, made a separate claim in M.C.O.P. No. 2391 of 2009, through her father.

5. As both the claim petitions, arose out of the same accident, they were tried together. During trial, the respondent-injured has become unconscious and therefore, she was represented through her husband, Mr. P.R. Sujith.

6. Before the Claims Tribunal, PW.1, husband of Mrs. K.K. Bindu, respondent-injured in M.C.O.P. No. 2410 of 2009 and father of Minor S. Harshada in M.C.O.P. No. 2391 of 2009, has narrated the manner of accident, but he has not witnessed the same. PW.5, stated to be an eye-witness, has deposed that on the date of accident, about 9.25 A.M., a Metropolitan Transport Corporation bus, bearing Registration No. TN 01 N 7291, driven by its driver, in a rash and negligent manner, from South to North, dashed against a lady and her daughter, who were standing on the left side of the road. PW.5 further submitted that they were thrown out and sustained grievous injuries. To corroborate the oral evidence, claimants have marked Ex.P1 - FIR. One Mr. Munusamy has witnessed the accident and lodged the complaint.

7. On the contrary and rebutting the manner of accident, RW.1, driver of the bus, has deposed that the bus was driven cautiously. After alighting the passengers, at the Little Mount bus stop, the bus was moved at a slow speed. At that time, a Hero Honda Activa, bearing registration No. TN 07 AJ 6950, was going a head of the bus, on the left hand side. The rider of the two-wheeler, while speaking on a cell phone, without giving any signal, suddenly turned the motorcycle, to the right side. To avoid the accident, the bus was sewered to the right side and by applying brake, it was stopped. Despite his attempt to avoid