JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 to set aside the award dated 24.02.2021 passed in MCOP No.2497 of 2015 on the file of the Motor Accident Claims Tribunal [Special Sub Court No.1, Small Causes Court], Chennai.)

Respondent/owner of the vehicle, is the appellant herein, challenging the award of the Motor Accident Claims Tribunal (Special Sub Court No.1, Small Causes Court), Chennai, vide judgment and decree dated 24.02.2021 in MCOP No.2497 of 2015, on the ground that since the deceased was sitting on the road, she had contributed to the accident and further, the notional income fixed by the tribunal and overall compensation awarded, are on the higher side.

2. For the sake of convenience, the parties are hereinafter referred to as per their ranking before the claims tribunal.

3. The findings regarding factum of the accident and the manner of accident, were not disputed and hence, the findings of the tribunal are hereby confirmed.

4. Learned Government Advocate could contend that in view of the admission in the cross examination, wherein PW1 has stated that her mother was sitting on the road on the fateful day, claims tr