JUDGMENT :

V.M. VELUMANI, J.

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

2. These Civil Miscellaneous Appeals are filed to set aside the common award dated 01.08.2016 made in M.C.O.P. Nos. 1848, 1846 and 1847 of 2013 on the file of Motor Accidents Claims Tribunal, Special District Court, Salem.

3. All these Civil Miscellaneous Appeals are arising out of the same accident and common award and hence, they are disposed of by this common judgment.

4. The appellant-Transport Corporation is the respondent in M.C.O.P. Nos. 1848, 1846 and 1847 of 2013 on the file of Motor Accidents Claims Tribunal, Special District Court, Salem. The respondents in all the appeals filed the above said claim petitions claiming a sum of Rs. 10,00,000/- each as compensation for the death of Ramesh, Marimuthu and Chicken, S/o Rangaraj, respectively who died in the accident that took place on 16.08.2013.

5. According to the respondents in all the appeals, on 16.08.2013 at about 16.40 hours, while the deceased Marimuthu was riding the motorcycle bearing Registration No. TN-54Y-4065 along with the deceased Ramesh and Chicken, S/o. Rangaraj, as pillion riders on the Malliyakarai-Thammampatty Main Road at a moderate speed near Boy Kadai Bus Stop, the driver of the bus bearing Registration No. TN-30N-0739 drove the bus from the opposite direction in a rash and negligent manner, colluded with the motorcycle driven by the deceased Marimuthu and caused the accident. In the accident, the said Marimuthu and Ramesh died on the spot and the said Chicken S/o Rangaraj, sustained grievous injuries all over the body. Immediately after the accident, the said Chicken was taken to Government Hospital, Salem. Inspite of treatment, the said Chicken succumbed to injuries on 17.08.2013. Therefore, the respondents in all the appeals filed the above said claim petitions claiming a sum of Rs. 10,00,000/- each compensation for the death of the said Ramesh, Marimuthu and Chicken S/o Rangaraj, against the appellant-Transport Corporation.

6. The appellant-Transport Corporation filed separate counter statements and denied all the averments made by the respondents in all the appeals. According to the respondent, the accident has not occurred as alleged by the respondents in all the appeals. At the time of accident, the driver of the bus drove the same slowly, cautiously by following all the road traffic rules and the deceased Ramesh only rode the motorcycle along with the deceased Marimuthu and deceased Chicken S/o Rangaraj, as pillion riders in a rash and negligent manner, dashed against the bus belonging to the appellant-Transport Corporation and caused the accident. The accident has occurred only due to the negligence on the part of the rider of the motorcycle and not due to the negligence on the part of the driver of the bus. Hence, the appellant-Transport Corporation is not liable to pay any compensation to the respondents in all the appeals. The respondents in all the appeals have to prove that they are the legal heirs of the deceased by producing valid legal heir-ship certificate. The appellant-Transport Corporation denied the age, avocation and income of the deceased. In any event, the quantum of compensation claimed by the respondents in all the appeals are highly excessive and prayed for dismissal of all the claim petitions.

7. Before the Tribunal, the 1st respondent in C.M.A. No. 1156 of 2021 examined herself as PW-1, the 1st respondent in C.M.A. No. 1157 of 2021 examined herself as PW-2 and the 2nd respondent in C.M.A. No. 1153 of 2021 examined herself as PW-3 and 10 documents were marked as Exs.P1 to P10. The appellant-Transport Corporation did not let in any oral and documentary evidence.

8. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred 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.