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.38 of 2015, dated 24.01.2018, on the file of the Motor Accident Claims Tribunal / Ist Additional Sub Court, Nagercoil.)

1. This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No.38 of 2015, dated 24.01.2018, on the file of the Motor Accident Claims Tribunal / Ist Additional Sub Court, Nagercoil. The appellant herein is the third respondent, the respondents 1 to 3 herein are the claimants and the respondents 4 to 6 herein are the respondents 1, 2 and 4 in the original claim petition.

2. Brief substance of the petition in M.C.O.P.No.38 of 2015 is as follows :-

On 20.02.2014, at about 8.45 am., the deceased-Rajakrishnan was riding his two wheeler, bearing Registration No.TN-74-AA-0090 along the Aasaripallam – Nagercoil road, near Gancardia School, a bus bearing Registration No.TN-74-N-0942 was driven by its driver in a rash and negligent manner, dashed against the deceased. He sustained injuries, he was admitted in the Government Hospital, Aasaripallam. Then he was admitted in Nagercoil Muthu Neuro Centre, and then, he was admitted in Kerala KIMS Hospital and he died on 01.06.2014. The petitioners are the dependents of the deceased and they claimed a sum of Rs.63,45,000/- as compensation.

3. Brief substance of the counter filed by the third respondent in M.C.O.P.No.38 of 2015 is as follows:-

The bus driver was not responsible for the accident. The third respondent's bus driver drove the vehicle in a careful and cautious manner. It was the deceased, who rode the two wheeler in a rash and negligent manner and he dashed against the back side of the bus and had invited the accident. The deceased was not wearing helmet at the time of accident. The case was registered only after four months from the date of accident, the respondent is not liable to pay compensation.

4. On the side of the petitioners, 2 witnesses were examined and 11 documents were marked. On the side of the respondents, no witness was examined and no document was marked. The Tribunal awarded a sum of Rs.11,90,860/- as compensation, after deducting 50% towards the contributory negligence of the deceased.

5. Against the order, the appellant preferred this appeal this appeal on the following grounds:

The Tribunal has failed to fix the liability on the rider of the two wheeler, who came from the back side of the appellant bus in a rash and negligent manner and caused accident. The Tribunal has erred in fixing the total compensation of Rs.23,81,720/- and fixed 50% liability on the appellant and to pay a sum of Rs.11,90,860/-,which is excessive. The tribunal has fixed the monthly income at Rs.6,500/-, which is high. The tribunal has added 25% towards future prospects and applied multiplier 14. The Tribunal awarded Rs.12,75,720/- towards medical expenses, without considering the fact that most of the bills were created for the case. The Tribunal has awarded Rs.1,00,000/- towards loss of love and affection, Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, Rs.10,000/- towards transport expenses, Rs.15,000/- towards extra nourishment. Rs.1,000/- towards loss of dress materials, which are all excessive.

6. On the side of the appellant, it is stated that the rider of the two wheeler hit the bus from behind. The deceased was not having driving licence, he is not wearing helmet. FIR was not registered till the death of the deceased. Ex.P11 reveals that the deceased was not having driving licence to drive the two wheeler, he was having licence only to drive the Light Motor Vehicle. The Tribunal has fixed only 50% on contributory negligence. The Tribunal has failed to fix the entire negligence on the deceased.

7. On the side of the appellant, it is further stated that the deceased died only due to head injuries. If the deceased was wearing