JUDGMENT :

V.M. VELUMANI, J.

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

2. These Civil Miscellaneous Appeals have been filed to set aside the common award dated 28.08.2018 made in M.C.O.P. Nos. 103 and 84 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court, Villupuram.

3. Both the appeals arise out of the same accident and common award and hence disposed of by this common order. The parties are referred to as per their respective ranks in the claim petition for the sake of convenience.

4. The appellant is the 3rd respondent in M.C.O.P. Nos. 103 and 84 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court, Villupuram. The respondents 1 and 2 in C.M.A. No. 4222 of 2019 and the respondents 1 to 6 in C.M.A. No. 4227 of 2019 are the claimants in M.C.O.P. Nos. 103 and 84 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court, Villupuram respectively. They filed the above said claim petitions claiming a sum of Rs. 45,00,000/- and Rs. 20,00,000/- respectively as compensation for the death of one Porkodi and one Lakshmi, who died in the accident that took place on 30.11.2016.

5. According to the claimants in both the appeals, on 30.11.2016 at about 01.30 P.M. while the deceased persons were travelling as passengers in the bus bearing Registration No. TN-32N-3398 from Chennai to Ulundurpet near Mundiyambakkam, the driver of the TNSTC bus bearing Registration No. TN-32N-3373 who was driving the bus from the opposite direction, drove the same in a rash and negligent manner and to avoid dashing against another private R.T.S. Bus bearing Registration No. PY-01-CJ-5649, suddenly turned the bus bearing Registration No. TN-32N-3373 to the right side of the road and came to the wrong route and dashed against the bus bearing Registration No. TN-32N-3398, in which the deceased persons were travelling as passengers and caused the accident. In the accident, the said Lakshmi died on the spot and the said Porkodi sustained multiple grievous injuries all over the body and immediately she was taken to Government Hospital, Villupuram. Thereafter she was taken to Apollo Hospital. Inspite of treatment, the said Porkodi succumbed to injuries on 02.12.2016. Therefore, the claimants filed the above said claim petitions claiming the sum of Rs. 45,00,000/- and Rs. 20,00,000/- respectively as compensation for the death of the said Porkodi and the said Lakshmi against the respondents.

6. The 2nd respondent in both the claim petitions, being the owner of the bus bearing Registration No. PY-01-CJ-5649 remained ex-parte before the Tribunal.

7. The 1st respondent-Transport Corporation in both the claim petitions filed separate counter statements and commonly denied all the averments made by the claimants in both the claim petitions. The 1st respondent denied the manner of accident as alleged by the claimants in both the claim petitions. According to the 1st respondent, the accident has occurred only due to the negligence on the part of the driver of the RTS bus bearing Registration No. PY-01-CJ-5649 and the F.I.R. is also registered against the driver of the said bus. Hence, the 1st respondent is not liable to pay any compensation to the claimants in both the claim petitions. The 1st respondent denied the age, avocation and income of the deceased. The quantum of compensation claimed by the claimants in both the claim petitions are highly excessive and prayed for dismissal of both the claim petitions against the 1st respondent-Transport Corporation.

8. The 3rd respondent/Appellant/Insurance Company, being the insurer of the bus owned by 2nd respondent filed separate counter statements in both the claim petitions and commonly denied all the allegations made by the claimants in both the claim petitions. According to the 3rd respondent, as per F.I.R, the driver of the bus bearing Registration No. TN-32N-3398 was driving the same from Chennai to Kallakurichi in the four way