KRISHNAN RAMASAMY, J.

1. Aggrieved over the award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Perundurai in MCOP. No. 138 of 2014 dated 08.12.2015, the appellant herein, who is the petitioner in the above said MCOP, has filed this Appeal.

2. Heard Mr. K.J.Sivakumar, the learned counsel for the appellant and Mr.Anudattan, the learned counsel for the first respondent.

3. The brief facts of the case are as follows:-

On 15.08.2014 at 7:20 p.m., the petitioner was walking on the Kunnathur Four Road to Perundurai. While he was coming near Murugan Tea stall from East-West, the bus bearing Registration No.TN 33 N 1731 which came from South-North in a rash and negligent manner dashed against the petitioner. The petitioner sustained injuries all over his body and he was immediately admitted in the KMCH Hospital, Perundurai. Then, he was shifted to Ganga Hospital, Coimbatore. The accident took place only due to the rash and negligent driving of the first respondent bus driver. Hence the Perundurai Police registered a case in Crime No.396 of 2014 under Sections 279, 337 IPC.

4. On the other hand, the second respondent/appellant filed its counter stating that the first respondent drove the bus from Perundurai Gobi observing the traffic rules. While the bus was coming from Kunnathur Four road signal, the petitioner was crossing the road speaking in cell phone. Without noticing the bus, he climbed over the centre median and fell into the front back wheel of the bus. Immediately, the first respondent stopped the bus and admitted the petitioner in the KMCH, Perundurai. The petitioner without noticing the vehicle jumped over the centre median. So he invited the accident. The petitioner suppressed the real facts and filed a false complaint before the police. FIR is not conclusive proof of accident. Mere filing of FIR cannot be stated that the first respondent is negligent.

5. The Tribunal after considering pleadings and evidences came to the conclusion that the accident occurred due to the negligent driving of the bus driver bearing Registration No. TN 33 N 1731.

6. The Tribunal awarded a sum of Rs. 17,77,678/- as compensation to the claimant. Aggrieved over the said findings and award, the appellant/Transport Corporation has come forward with the present appeal.

7. Under these circumstances, the appellant raised the following issues in this appeal:-

1. Whether the negligence fixed by the Tribunal on the part of the driver of the bus is just and fair?

2. Whether the compensation awarded by the Tribunal is just and fair?

7.1. On behalf of the first respondent/petitioner, PW1 eye witness was examined and he deposed that on 15.08.2014 at 7:20 p.m. when the petitioner was walking on the Kunnathur Four Road to Perundurai, the driver of the bus bearing Reg.No.TN 33 N 1731 drove the bus in a rash and negligent manner and ran over the right leg of the petitioner. Further PW1 deposed that the petitioner suddenly crossed the road without noticing the bus. In this regard FIR was also registered as that the driver of the bus drove it in a rash and negligent manner and the front back wheel of the bus ran over the right leg of the petitioner. Rough sketch was marked as Ex.P.2. However, the driver remained exparte and he did not depose about the manner of accident. Further the appellant/2nd respondent did not examine any eye witness to prove that the accident took place due to the negligent act of the petitioner. Subsequent to filing of the FIR, police also filed charge sheet stating that the accident occurred was due to the rash and negligent driving of the bus driver. Hence, the Tribunal came to the conclusion that the accident occurred only due to the rash and negligent driving of the bus driver. We also concur with the findings of the Tribunal in this regard.

7.2. Due to the said accident the petitioner sustained the following injuries