R. Subbiah, J.

Both the appeals have been filed as against the award dated 21.02.2014 made in M.C.O.P. No.167 of 2011 by the Motor Accidents Claims Tribunal/Special District Judge, Thanjavur.

2. C.M.A.(MD).No.543 of 2014 has been filed by the Transport Corporation questioning the entire liability fixed by the Tribunal on the driver of the appellant/Transport Corporation bus as well as the quantum of compensation awarded by the Tribunal.

3. C.M.A.(MD).No.206 of 2016 has been filed by the claimants seeking enhancement of the compensation awarded by the Tribunal.

4. Since both the appeals have been filed against one and the same award, these appeals were heard together and are disposed of by way of this common judgment.

5. For the sake of convenience, the parties are referred as per their rank in M.C.O.P.(MD).No.167 of 2011 and C.M.A.(MD).No.206 of 2016. The appellants/claimants 1 to 5 are the wife, minor son, minor daughter, mother and father of the deceased Srikanth @ Palanivel respectively.

6. The case of the claimants before the Tribunal is that on 14.10.2010 the deceased drove his 407 type load vehicle bearing Registration No.TN-51-Z-8716 and stopped the same at 01.15 a.m. near S.V.R. Shop, Ayyampettai Bye-pass Road, situated on Thanjavur - Kumbakonam Road and after switching on the parking light, both the deceased and one Rajamurthy, who travelled along with the deceased in the vehicle, alighted from the van, came to the rear side of the vehicle and opened the rear side door of the van. Then, they were engaged in unloading the goods from the van. At that time, a Transport Corporation bus bearing Registration No.TN-49-N-1685, which came from north to south direction on the said road in a rash and negligent manner, dashed against the front side of the van, due to which the deceased and Rajamurthy, who were unloading the goods in the rear side of the vehicle, sustained serious injuries and the deceased viz., Srikanth @ Pazhanivel died on the spot.

7. The claimants 1 to 5, who are the legal heirs of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal as against the Transport Corporation claiming a sum of Rs. 75 lakhs as compensation. The claim of the appellants/claimants was resisted by the respondent Transport Corporation by contending that on the date of the accident, the bus bearing Registration No.TN-49-N-1685 was driven by its driver by observing the Motor Vehicles Rules in a careful manner at a slow speed. At that time, another vehicle, which came from the opposite direction in a hectic speed and rash and negligent manner, crossed the median line and came to the wrong side of the road. In order to avoid the accident, the driver of the bus slowed the bus and went on the left side of the road. While doing so, the bus hit the van bearing Registration No.TN-51-Z-8716 which was parked on the wrong side of the road, without switching on the parking light. In that process, the deceased, who was unloading the goods from the van, was hit by the bus and died on the spot. According to the respondent/Transport Corporation, the deceased himself invited the accident by parking the vehicle on the wrong side of the road. Therefore, it cannot be said that the driver of the bus was solely responsible for the accident. Further, the quantum of compensation awarded by the Tribunal is on higher side. Thus, the Transport Corporation sought for dismissal of the claim petition.

8. In order to prove the claim, on the side of the appellants/claimants, the wife of the deceased was examined as PW1. One Ramar (PW2) was examined as eyewitness. One Mr.Chandrasekaran, who was the Marketing Executive of the Thanjavur District Co-operative Milk Producers Union Ltd., was examined as PW3, in order to prove the income of the deceased. On the side of the respondent Transport Corporation, the driver of the bus was examined as R