JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 09.04.2021 made in M.C.O.P. No. 1641 of 2016 on the file of the Special Motor Accident Claims Tribunal, Presiding Officer, Tirppur.)

1. This Appeal has been filed by the Appellant Transport Corporation challenging the award dated 09.04.2021 passed by the Motor Accident Claims Tribunal, Presiding Officer, Tirppur in M.C.O.P. No. 1641 of 2016.

2. The Appellant Transport Corporation has challenged the impugned award questioning the fixation of negligence on the part of the Driver of the bus by the Tribunal and they have also challenged the quantum of compensation awarded by the Tribunal.

3. The Tribunal under the impugned award directed the Appellant Transport Corporation to pay the respondents/ claimants a compensation of Rs.19,60,000/- as detailed hereunder for the death of one Subramani caused by a bus owned by the Appellant Transport Corporation on 27.05.2016.

4. Heard Mr. L. Ramanathan, learned counsel for the appellant/Transport Corporation.

5. This Court has perused and examined the impugned award as well as the materials and evidence available on record before the Tribunal.

6. Before the Tribunal the respondents/claimants have filed six documents which were marked as Ex.P1 to Ex.P6 and two witnesses were examined on their side namely the first respondent/first claimant, the wife of the deceased (PW1) and an eye witness to the accident one Gobi as PW2. On the side of the Appellant Transport Corporation, no documents were filed but the driver of the bus one Rajendiran who caused the accident was examined as witness.

7. The FIR has been registered only against the driver of the bus owned by the Appellant Transport Corporation. In the claim petition, the respondents/ claimants have also pleaded that only due to the rash and negligent driving by the driver of the bus, the accident happened. The depositions of PW1 and PW2 also reveal that only the driver of the bus owned by the Appellant Transport Corporation is responsible for the cause of the accident which resulted in the death of one Subramani. Based on preponderance of probabilities, the Tribunal has held the Driver of the bus responsible for the cause of the accident. No contra evidence has been produced by the Appellant Transport Corporation before the Tribunal to disprove the claim of the respondents/claimants.

8. Though the Driver of the bus was examined as a witness by the Appellant Transport Corporation, as he is not an independent witness, his deposition cannot be accepted by this Court. Since the FIR and other evidence clearly reveals that only the driver of the bus alone responsible for the cause of the accident.

9. Therefore, the first contention of the Appellant Transport Corporation questioning the fixation of negligence on the part of the Driver of the bus owned by the Appellant Transport Corporation is rejected.

10. Insofar as the quantum of compensation awarded by the Tribunal is concerned, the Tribunal has awarded a total compensation of Rs.19,60,000/- to the respondents/ claimants. The Tribunal has fixed the notional monthly income of the deceased at Rs.12,000/- for an accident that happened in the year 2016. The deceased was a Powerloom Fitter and was aged 45 years at the time of the accident. In the claim petition, the respondents have pleaded that the deceased was earning Rs.20,000/- per month at the time of the accident. Therefore, after giving due consideration to the year of the accident as well as the avocation of the deceased, this Court is of the considered view that the fixation of the notional monthly income of the dec