JUDGMENT :

Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 09.01.2013 made in M.C.O.P.No.3086 of 2012 on the file of the Motor Accident Claims Tribunal, IV Court Small Causes, Chennai.

Cross Objectors file this memorandum of cross objections under Rule 22 of Order 41 of the Code of Civil Procedure 1908 pleased to enhance the compensation from Rs.12,48,800/- to Rs.25,00,000/- with higher rate of interest andcosts.

1. The above Civil Miscellaneous Appeal and Cross Objection are filed against the judgment and decree dated 09.01.2013 made in M.C.O.P.No.3086 of 2012 on the file of the Motor Accident Claims Tribunal, IV Court Small Causes, Chennai.

2. For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

3. The case of the petitioner is that on 26.05.2010 at about 4.00 hours, while the petitioner was travelling as passenger in the respondent Corporation bus bearing Registration No.TN-21-N-1141 from Thindivanam to Chennai, while going near Padalam Koot Road, due to high speed, in which the bus was driven by its driver dashed against the lorry which was going ahead of the bus, resulting in the petitioner suffering grievous injury. The accident occurred only due to the negligence of the respondent bus driver. The petitioner was aged 32 years and by carrying on Gunny Bags vending business was earning Rs.10,000/- per month. Due to injury suffered in the accident, he is unable to attend to his normal work. The permanent disability suffered is 100%. Hence, the petitioner sought for a sum of Rs.25,00,000/- as compensation from the respondent.

4. On the other hand, opposing the claim of the petitioner, by filing counter, the respondent/Transport Corporation contended that the accident did not occur in the manner alleged by the petitioner. While the respondent bus in Route No.79 P/SPL was proceeding in Chennai - Villupuram Road at normal speed around 4 a.m., near Padalam Koot Road, an unknown container lorry going in front of the respondent bus without any indicator light suddenly applied break and in that moment the respondent bus dashed on the back side of the lorry, resulting in the accident. The accident occurred only due to lorry driver stopping the vehicle suddenly. As such, the respondent is not liable to pay any compensation. Thus, the respondent sought for dismissal of the petition.

5. Before the Tribunal, the petitioner examined himself as P.W.1 and three other witnesses as P.W.2 to P.W.4 produced document Exs.P.1 to P.15 to prove his claim. On the side of the respondent R.W.1 was examined, but no document was produced. The Tribunal, on the basis of available evidence on record, found that the negligence of the respondent bus driver alone caused the accident passed an award for a sum of Rs.12,48,800/- payable by the respondent to the petitioner. Aggrieved over the said finding of the Tribunal, the respondent/transport Corporation has come forward with the present appeal in C.M.A.No.1680/2013 seeking to set aside the award passed by the Tribunal, whereas, the petitioner/claimant being not satisfied with the quantum of the award has come forward with the Cross Objection No.62/2013 seeking enhancement of the quantum of the award.

6. The learned counsel for the respondent/Transport Corporation contended that the Tribunal without appreciating the evidence available on record wrongly fixed the negligence on the part of the respondent bus driver as the cause for the accident. Since two vehicles are involved in the accident, the owner and insurer of the lorry, ought to have been impleaded in the petition, but as the petitioner failed to do so, and the same is fatal to the case of the petitioner. The amount awarded by the Tribunal is highly excessive. Thus, the respondent/Transport Corporation