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 18.09.2012 made in M.C.O.P. No. 210 of 2007 on the file of the Motor Accidents Claims Tribunal, II Additional Sub Court, Villupuram.

3. The appellant is the 3rd respondent in M.C.O.P. No. 210 of 2007 on the file of the Motor Accidents Claims Tribunal, II Additional Sub Court, Villupuram. The 1st respondent filed the above said claim petition claiming a sum of Rs. 50,000/- as compensation for the injuries sustained by him in the accident that took place on 15.12.2006.

4. According to 1st respondent, on 15.12.2006 at about 08.40 A.M., while he was traveling in the bus bearing Registration No. TN-30W-1383 owned by 2nd respondent and insured with 3rd respondent-Insurance Company from Ulundurpet to Cuddalore on the Salem- Panruti Main Road near Anguchettipalayam Village, the driver of the bus bearing Registration No. TN-30W-1383 drove the same in a rash and negligent manner, dashed against the bus bearing Registration No. TN-30N-0119 belonging to appellant-Transport Corporation, which was coming in the opposite direction from Salem and caused the accident. In the accident, the 1st respondent sustained fracture and multiple grievous injuries all over his body. Immediately after the accident, the 1st respondent was taken to Government Hospital, Cuddalore, where he has taken treatment for one week. Therefore, the 1st respondent filed the said claim petition claiming a sum of Rs. 50,000/- as compensation for the injuries sustained by him against the appellant-Transport Corporation and respondents 2 and 3, being the owner and insurer of the bus bearing Registration No. TN-30W-1383 respectively.

5. The 2nd respondent-owner of the bus bearing Registration No. TN-30W-1383 remained ex-parte before the Tribunal.

6. The 3rd respondent-Insurance Company, being the insurer of the bus bearing Registration No. TN-30W-1383 filed counter statement and denied all the averments made by the 1st respondent. According to the 3rd respondent, the accident has occurred only due to the negligence on the part of the driver of the bus belonging to appellant-Transport Corporation and there is no negligence on the part of the driver of the bus bearing Registration No. TN-30W-1383. There is delay in filing the complaint before the Police. The 1st respondent has not traveled in the bus owned by 2nd respondent at the time of accident. The bus bearing Registration No. TN-30W-1383 owned by 2nd respondent was not having valid insurance policy, valid Registration Certificate, permit and the driver of the bus bearing Registration No. TN-30W-1383 was not possessing valid driving license at the time of accident. The driver of the bus belonging to appellant-Transport Corporation was solely responsible for the accident and hence, the appellant is only liable to pay the compensation to the 1st respondent. In any event, the liability has to be apportioned more on the part of the appellant-Transport Corporation. This respondent denied the age, avocation, income, nature of injuries, disability and period of treatment taken by the 1st respondent. The quantum of compensation claimed by the 1st respondent is highly excessive and prayed for dismissal of the claim petition against the 3rd respondent.

7. The appellant-Transport Corporation filed separate counter statement and denied all the averments made 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 Cuddalore to Salem, near Anguchettipalayam, the driver the bus bearing Registration No. TN-30W-1383 drove the same in a rash and negligent manner from the opposite direction, dashed on the right side of the bus belonging to appellant-Transport Corporation and caused the accident. Therefore, the accident has occurred only due to negligence on th