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 08.11.2019 made in M.C.O.P. No. 67 of 2018 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Thiruvarur.

3. The appellant is the respondent in M.C.O.P. No. 67 of 2018 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Thiruvarur. The respondents filed the above said claim petition claiming a sum of Rs. 40,00,000/- as compensation for the death of one Dhandapani, who died in the accident that took place on 18.06.2017.

4. According to respondents, on 18.06.2017 at about 03.00 P.M. while the deceased Dhandapani was riding as pillion rider in the motorcycle bearing Registration No. TN-50B-2315 driven by one Gopalakrishnan on the Thiruthuraipoondi -Thiruvarur Road, near Pulivalam Noorul Tea Shop, the driver of the bus bearing Registration No. TN-49N-1394 belonging to appellant drove the same in a rash and negligent manner and dashed against the motorcycle in which the said Dhandapani was traveling as pillion rider and caused the accident. In the accident, the said Dhandapani sustained fatal injuries and died on the spot. Therefore, the respondents filed the said claim petition claiming a sum of Rs. 40,00,000/- as compensation for the death of the said Dhandapani 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. The driver of the bus has given complaint to the Deputy Superintendent of Police against the F.I.R. which was erroneously lodged against him. According to the appellant, at the time of accident, while the driver of the bus was driving the bus slowly by observing all traffic rules from Thiruvarur to Thiruthuraipoondi near Pulivalam Tea Shop, he saw the rider of the motorcycle bearing Registration No. TN-50B-2315 driving the motorcycle without wearing helmet. While the deceased tried to overtake the lorry which was proceeding ahead of the motorcycle without noticing the bus, which was coming in the opposite direction, dashed against the bus and invited the accident. Hence, the accident has occurred only due to the negligence on the part of the driver of the motorcycle and there was no negligence on the part of the driver of the bus. Hence, the appellant is not liable to pay any compensation to the respondents. The respondents have to prove that the rider of the motorcycle was possessing valid driving license and also the motorcycle was having valid insurance policy at the time of accident. The respondents have to prove that they are the legal heirs of the deceased by producing valid documents. 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 1st respondent examined herself as PW-1, one Mahadevan, eyewitness to the accident was examined as PW-2 and 6 documents were marked as Exs.P1 to P6. On behalf of the appellant-Transport Corporation, one Senthilkumar, driver of the bus belonging to appellant was examined as RW-1 and no document was marked.

7. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the bus belonging to appellant-Transport Corporation and directed the appellant to pay a sum of Rs. 17,92,500/- as compensation to the respondents.

8. To set aside the award dated 08.11.2019 made in M.C.O.P. No. 67 of 2018, the appellant has come out with the present appeal.

9. The learned counsel appearing for the appellant contended that the rider of the motorcycle only drove the same in a ra