The court upheld the Tribunal's decision on compensation, emphasizing that the awarded amount was not excessive and there was no error warranting interference.

JUDGMENT :

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 30.03.2015, made in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.

1. This Civil Miscellaneous Appeal has been filed by the appellant- Transport Corporation against the quantum of compensation granted by the Tribunal in the award dated 30.03.2015, made in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.

2. By consent of the learned counsel appearing for the appellant as well as the respondents, the appeal is taken up for final disposal at the admission stage itself.

3. The appellant is the respondent in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri. The respondents/claimant filed the said claim petition, claiming a sum of Rs.20,00,000/- as compensation for the death of one Veeraji who died in the accident that took place on 30.03.2013.

4. According to the respondents, on the date of accident, the deceased was walking on the left side of the road towards his house after the day's work. When he was coming near the tomato mundy on Rayakottai to Hosur road, opposite to Hogenekal water tank, the driver of the Bus bearing Registration No.TN-29-N-1854 belonging to the appellant-Transport Corporation drove the same in a rash, reckless and negligent manner at an uncontrollable speed on the opposite direction and hit on the deceased Veeraji and caused the accident. The accident occurred only due to rash and negligent driving by driver of the Bus. In the accident, the deceased sustained fatal injuries and hence, the respondents filed claim petition claiming compensation against the appellant as owner of the Bus involved in the accident.

5. The appellant-Transport Corporation, filed counter statement and denied all the averments made by the respondents in the claim petition. According to the appellant, on the date of accident, the Bus bearing Registration No.TN-29-N-1854 was plying between Dharmapuri and Hosur has taken its trip at Hosur by 20.05 hours to proceed towards Hosur. The driver of the said Bus drove the same in a cautious manner with due care on the left side of the road, following all the traffic rules. At about 21.40 hours, when the Bus was proceeding at the tomato mundy near Dhaba hotel, there was heavy traffic on the opposite direction. While so, the deceased who was walking on the left side of the road, all of a sudden entered on the traffic road without minding the oncoming Bus. On seeing the pedestrian's hasty crossing, the driver of the appellant Bus turned the Bus to the right to avoid hitting the pedestrian. But the front left corner of the Bus hit pedestrian and thus the accident occurred. A case has been registered against the driver of the Bus in Crime No.66/2013 under Sections 279, 304 (A) of I.P.C. The accident occurred only due to negligent act of the deceased and hence, the appellant is not liable to pay compensation. In any event, the respondents have to prove the age, avocation and income of the deceased to claim compensation and prayed for dismissal of the claim petition.

6. Before the Tribunal, the 1st respondent examined herself as P.W.1, examined one Krishnan, eye-witness as P.W.2 and marked 8 documents as Exs.P1 to P8. The appellant did not let in any oral and documentary evidence.

7. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by driver of the Bus belonging to the appellant-Transport Corporation and directed the appellant to pay a sum of Rs.10,70,400/- as compensation to the respondents.

8. Questioning the quantum of compensation granted by the Tribunal in the award dated 30.03.2015, made in M.C.O.P. No.953 of 2013, the appellant – Transport Corporation has come out with the