The court held that the accident was caused solely due to the rash and negligent driving of the bus driver and fixed 10% contributory negligence on the deceased, influencing the decision on compensation.

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree made in M.C.O.P.No.138 of 2017, dated 28.01.2019, on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Nagercoil.)

1. This Civil Miscellaneous Appeal has been filed against the award made in in M.C.O.P.No.138 of 2017, dated 28.01.2019, on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Nagercoil. The appellant herein is the second respondent and the respondents 1 and 2 herein are the claimants and the respondents 3 and 4 herein are the respondents 1 and 3 in the original M.C.O.P. Petition.

2. Brief substance of the claim petition in M.C.O.P.No.138 of 2017, is as follows :

On 03.11.2013, at about 8.50 pm., when the deceased – Jothy was riding his two wheeler bearing Registration No.TN-74-AE-6997, in a slow speed observing the traffic Rules, along the Kanyakumari – Nagercoil main road, a bus bearing Registration No.TN-74-N-1351, was driven by its driver in a rash and negligent, came from the opposite direction, dashed against the petitioner and he died on the spot. The driver of the bus lodged a false complaint regarding the accident and the case was registered against the deceased. The deceased was a painter, he was earning Rs.800/- per day and was working under Nathan painting concern. The claimants are his dependents and they claimed a sum of Rs.20,00,000/- as compensation.

3. Brief substance of the counter filed by the second respondent, in M.C.O.P.No.138 of 2017, is as follows :

The manner of accident as narrated in the petition is wrong. The first respondent drove the bus in a careful and cautious manner. It was the motorcyclist, who came from the opposite direction in a rash and negligent manner, dashed against the Bus. FIR was registered against the motorcyclist. The motorcyclist was not wearing helmet. This respondent is not liable to pay compensation. The age, profession, income are all denied. The amount claimed is excessive.

4. Brief substance of the counter filed by the third respondent, in M.C.O.P.No.138 of 2017, is as follows :

The income particulars of the deceased are not correct. The accident has taken place only due to the rash and negligent driving of the first respondent's bus. The third respondent is not at all liable to pay compensation. The accident was not intimated to the respondent. Rate of interest claimed is high. The accident has happened only due to the negligent of the first respondent. The petition against this respondent to be dismissed.

5. On the side of the claimants, 2 witnesses were examined and 21 documents were marked. On the side of the respondents, 1 witness was examined and no document was marked. After considering both sides, the Tribunal awarded a sum of Rs.15,96,112/- as compensation.

6. Against the order, the appellant / Transport Corporation has filed this appeal on the following grounds:-

The Tribunal has failed to fix the entire negligence on the deceased, who rode the two wheeler, in a rash and negligent manner. The Tribunal has failed to consider that the FIR was only against the deceased. The Tribunal has fixed the monthly income as Rs.11,355/- and has added 40% towards future prospects, and applied multiplier 16', which are all very high. The Tribunal has awarded Rs.50,000/- towards loss of estate, Rs.15,000/- towards funeral expenses and Rs. 40,000/- towards loss of consortium, which are all excessive.

7. On the side of the appellant, it is stated that FIR was registered against the deceased and the entire negligence was not on the driver of the bus. The Tribunal has failed to fix atleast contributory negligence. The deceased was not wearing helmet at the time of accident, he was the sole cause for the accident.

8. On the side of the respondents 1 and 2 / claimants, it is stated that two vehicles involved in