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 18.02.2019 made in M.C.O.P. No. 1105 of 2016 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Coimbatore.

3. The appellant is the 2nd respondent in M.C.O.P. No. 1105 of 2016 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Coimbatore. The 1st respondent filed the above said claim petition claiming a sum of Rs. 18,00,000/- as compensation for the injuries sustained by him in the accident that took place on 07.05.2016.

4. According to 1st respondent, on 07.05.2016 at about 06.45 P.M. while he was waiting to cross the road near Kovilpalayam Bus Stand on Coimbatore, the driver of the bus bearing Registration No. TN-38N-2507 belonging to appellant-Transport Corporation, drove the same in a rash and negligent manner from Annur to Coimbatore in a wrong side without giving horn, dashed against the 1st respondent and caused the accident. In the accident, the 1st respondent sustained severe head injury and multiple grievous injuries all over the body. Immediately after the accident, he was taken to Kurinchi Hospital, Coimbatore, where he has taken treatment as inpatient from 07.05.2016 to 24.05.2016. Therefore, he filed the said claim petition claiming a sum of Rs. 18,00,000/- as compensation for the injuries sustained by him against the 2nd respondent-driver of the bus and appellant-Transport Corporation.

5. The 2nd respondent-driver of the bus remained ex-parte before the Tribunal.

6. The appellant-Transport Corporation filed counter statement and denied all the averments made by the 1st respondent. The appellant denied the manner of accident as alleged by the 1st respondent. According to the appellant, while the driver of the bus belonging to appellant was driving the same at a moderate speed by observing the traffic rules from Varuthiyangar Palayam to Gandhipuram, at about 06.45 P.M. when the driver of the bus slowly turned the bus to enter into the Kovilpalayam bus stop. The 1st respondent who crossed the road without noticing the oncoming bus, dashed on the bus, fell down on the front side of the bus and invited the 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 1st respondent. Hence, the appellant is not liable to pay any compensation to the 1st respondent. F.I.R. was registered against the 2nd respondent without proper investigation only with a view to get huge compensation from the Transport Corporation. The appellant-Transport Corporation denied the age, avocation, income, nature of injuries, disability and period of treatment taken by the 1st respondent. In any event, the quantum of compensation claimed by the 1st respondent is excessive and prayed for dismissal of the claim petition.

7. Before the Tribunal, the 1st respondent examined himself as PW-1 and PW-8 documents were marked as Exs.P1 to P8. The appellant-Transport Corporation did not let in any oral and documentary evidence. The disability certificate of the 1st respondent was marked as Ex.C1.

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 to pay a sum of Rs. 12,32,555/- as compensation to the 1st respondent.

9. To set aside the award dated 18.02.2019 made in M.C.O.P. No. 1105 of 2016, the appellant-Transport Corporation has come out with the present appeal.

10. The learned counsel appearing for the appellant contended that the Tribunal ought not to have considered the evidence of PW-1, whose evidence was not corroborated by any other independent witness. The Tribunal ought no