JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 07.11.2019 made in M.C.O.P.No.2920 of 2017 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the award dated 07.11.2019 made in M.C.O.P.No.2920 of 2017 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.

2. The appellant/Transport Corporation is respondent in M.C.O.P.No.2920 of 2017 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai. The respondents filed the said claim petition claiming a sum of Rs.90,00,000/- as compensation for the death of one Mageshwari, who died in the accident that took place on 11/12.03.2017.

3. According to the respondents, on the date of accident, i.e., on 11/12.03.2017 at about 12.00 A.M., while the deceased Mageshwari was travelling in the bus belonging to the appellant/Transport Corporation bearing Registration No.TN-01-AN-1576, from Tambaram to K.K.Nagar – Jafferkhanpet and when she was alighting from the said bus at BSNL bus stop, J.N. 100 feet Road, K.K.Nagar, Chennai, the driver of the bus moved the bus at high speed in a rash and negligent manner, due to which, the said Mageshwari fell down at the said bus stop and caused the accident. In the accident, the said Mageshwari sustained injuries and died in the hospital. Therefore, the respondents filed the above claim petition claiming compensation as against the appellant/Transport Corporation.

4. The appellant/Transport Corporation filed counter statement denying the averments made in the claim petition and stated that the driver of the bus drove the bus at moderate speed. When the bus was about to stop at Kasi Theatre bus stop at 24.00 hours on 11/12.03.2017 and the automatic doors of the bus were opened, the deceased Mageshwari, who was rushing at the foot steps in a sleepy condition to get down, alighted in a haste manner before the bus could completely stop at the bus stop, fell down, sustained injuries and invited the accident. Thereafter, the driver of the bus informed about the accident to the Accident Investigation Wing of the appellant/Transport Corporation and also to the Police authorities. Based on the hearsay complaint by the 1st respondent, husband of the deceased,Traffic Investigation Wing, Guindy, registered an F.I.R. against the driver of the bus, without any proper enquiry. Rough sketch prepared by the Investigator of the Accident Investigation Wing of the appellant/Transport Corporation would clearly establish the manner of accident, place of occurrence and negligence on the part of the deceased Mageshwari. The driver of the bus was not responsible for the accident. Therefore, the appellant is not liable to pay any compensation to the respondents. In any event, the compensation claimed by the respondents is excessive and prayed for dismissal of the claim petition.

5. Before the Tribunal, the 1st respondent, husband of the deceased,examined himself as P.W.1, one G.Boopalan, eye-witness to the accident was examined as P.W.2 and 23 documents were marked as Exs.P1 to P23. The appellant/Transport Corporation examined one Ramalingam, the driver of the bus as R.W.1 and marked copy of the rough sketch as Ex.R1.

6. 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 the appellant/Transport Corporation and directed the appellant to pay a sum of Rs.50,00,000/- as compensation to the respondents.

7. Against the said award dated 07.11.2019 made in M.C.O.P.No.2920 of 2017 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai, the appel