JUDGMENT :

V.M. VELUMANI, J.

1. The matter is heard through “Video Conferencing/Hybrid mode.”

2. This Civil Miscellaneous Appeal has been filed to set aside the award dated 12.06.2019 made in M.C.O.P. No. 240 of 2016, on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Tirupattur.

3. The appellant is the respondent in M.C.O.P. No. 240 of 2016, on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Tirupattur. The respondents filed the above said claim petition claiming a sum of Rs. 25,00,000/- as compensation for the death of one Arivazhagan, who died in the accident that took place on 01.01.2016.

4. According to respondents, on 01.01.2016 at about 03.45 A.M. while the deceased Arivazhagan was riding the motorcycle bearing Registration No. TN-19R-2016 along with one Siva as pillion rider on the Vellore Anna Salai to Thorapadi Road in front of Ooris Higher Secondary School, the driver of the bus bearing Registration No. TN-25N-0265 belonging to appellant, who was driving the bus on the same direction behind the motorcycle driven by the said Arivazhagan, lost his control over the bus and the front foot board the bus dashed against the motorcycle. Due to the same, the said Arivazhagan and the pillion rider fell down from the motorcycle and the wheel of the bus ran over the head of the said Arivazhagan and the Siva and both of them died on the spot. Therefore, the respondents, filed the said claim petition claiming a sum of Rs. 25,00,000/- as compensation for the death of said Arivazhagan against the appellant-Transport Corporation.

5. The appellant-Transport Corporation filed counter statement and denied all the averments made by the respondents. The appellant-Transport Corporation denied the manner of accident as alleged by the respondents. According to the appellant, on 01.01.2016, while the driver of the bus was driving the same from Bangalore to Vandavasi near Ooris Higher Secondary School, the passengers in the bus suddenly shouted. On hearing the same, the driver of the bus applied sudden brake and got down from the bus and saw the said Arivazhagan and the Siva died on the road. The rider of the motorcycle tried to cross the bus on the left side at high speed, at that time on seeing the drainage lids, got scared and applied sudden brakes and due to which, the motorcycle got dragged for about 30 feet on the left side of the road and further 24 feet on the right side and applied sudden brake. Due to the same, the pillion rider was thrown out of the motorcycle at a distance of 10 feet from the motorcycle and died on the spot. The rider and pillion rider were not wearing helmet at the time of accident. Therefore, the accident has occurred only due to the negligence on the part of the rider of the motorcycle and there is no negligence on the part of the driver of the bus. The owner and insurer of the motorcycle have to be impleaded as necessary parties in the claim petition. The appellant-Transport Corporation denied the age, avocation and income of the deceased. In any event, the quantum of compensation claimed by the respondents is highly excessive and prayed for dismissal of the claim petition.

6. Before the Tribunal, the 2nd respondent examined himself as PW-1, one Mari, eyewitness to the accident was examined as PW-2 and 8 documents were marked as Exs.P1 to P8. The appellant-Transport Corporation examined the driver of the bus as RW-1 and no document was marked.

7. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident has occurred only due to rash and negligent driving by the driver of the bus belonging to appellant-Transport Corporation and directed the appellant-Transport Corporation to pay a sum of Rs. 14,20,800/- as compensation to the respondents 1 and 2 and dismissed the claim petition as against the 3rd respondent.

8. To set aside the award dated 12.06.2019 made in M.C.O.P. No. 240 of 2016, the appellant has come out with the p