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 13.02.2018 made in M.C.O.P. No. 797 of 2017 on the file of the Motor Accidents Claims Tribunal, Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai.

3. The appellant is the respondent in M.C.O.P. No. 797 of 2017 on the file of the Motor Accidents Claims Tribunal, Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai. The respondent filed the above said claim petition claiming a sum of Rs. 30,00,000/- as compensation for the injuries sustained by him in the accident that took place on 07.11.2016.

4. According to respondent, on 07.11.2016 at about 08.45 hours, while he was traveling as pillion rider in the motorcycle bearing Registration No. TN-20AX-3632 from East to West on the Utiramerur-Vandawash Main Road, opposite to Elumalayan Kalyana Mandapam, Manambathi, Uthiramerur Taluk, the driver of the bearing Registration No. TN-21N-1651 belonging to appellant-Transport Corporation, drove the same in a rash and negligent manner from the opposite direction endangering public safety, came to the wrong side of the road and dashed against the motorcycle in which the respondent was traveling as pillion rider and caused the accident. In the accident, the respondent sustained multifarious fractures and injuries. Therefore, he filed the said claim petition claiming a sum of Rs. 30,00,000/- as compensation for the injuries sustained by him against the appellant- Transport Corporation.

5. The appellant-Transport Corporation filed counter statement and denied all the averments made by the respondent. According to the appellant, the driver of the bus belonging to appellant was driving the same at a moderate speed by observing the traffic rules from Kancheepuram Bus Stand to Alandur. At about 08.45 A.M. while driving near Elumalayan Kalyana Mandapam, Manambathi, the rider of the motorcycle bearing Registration No. TN-20AX-3632 in which the respondent was traveling as pillion rider, without noticing the vehicles which was coming in the opposite direction, overtook the Adithya School vehicle, that was stopped for boarding the school students and dashed on the front right side of the bus belonging to appellant-Transport Corporation and invited the accident. Both the rider and pillion rider of the motorcycle were minors only aged 16 years at the time of accident and they were not wearing helmet at the time of accident. In the accident, the rider of the motorcycle died on the spot and the pillion rider sustained injuries. The rider of the motorcycle was not possessing valid driving license at the time of accident. There was no negligence on the part of the driver of the bus and the accident has occurred only due to the negligence on the part of the rider of the motorcycle. Hence, the appellant is not liable to pay any compensation to the respondent. The owner and insurer of the motorcycle bearing Registration No. TN-20AX-3632 have to be impleaded as necessary parties in the claim petition. The respondent has to produce the insurance policy and Registration Certificate of the motorcycle. The appellant-Transport Corporation denied the age, nature of injuries, disability and period of treatment taken by the respondent. The quantum of compensation claimed by respondent is excessive and prayed for dismissal of the claim petition.

6. Before the Tribunal, the father of the respondent viz. C. Elumalai was examined as PW-1, one Sekar, eyewitness to the accident was examined as PW-2 and Dr. Amarnath was examined as PW-3 and 10 documents were marked as Exs.P1 to P10. The appellant-Transport Corporation examined the driver of the bus as RW-1 and marked two photographs as Exs.R1 & R2.

7. 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 appell