J U D G M E N T

This Civil Miscellaneous Appeal has been filed to set aside the award dated 12.04.2019 made in M.C.O.P.No.5037 of 2013 on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai.

2.The appellant is the respondent in M.C.O.P.No.5037 of 2013 on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai. The respondent filed the above said claim petition claiming a sum of Rs.20,00,000/- as compensation for the injuries sustained by him in the accident that took place on 15.10.2011.

3.According to respondent, on 15.10.2011 at about 11.40 hours, while he was walking along the Kaliyamman Kovil Road from West to East direction to Bus Stand entrance gate, the driver of the bus bearing Registration No.TN 32 N 3299 belonging to appellant-Transport Corporation, drove the bus in a rash and negligent manner from North to South direction without following the Traffic Rules and Regulations and dashed against the respondent and caused the accident. In the accident, the respondent sustained multiple severe injuries all over the body. Therefore, the respondent filed the said claim petition claiming a sum of Rs.20,00,000/- as compensation for the injuries sustained by him against the appellant-Transport Corporation.

4.The appellant-Transport Corporation filed counter statement and denied all the averments made by the respondent. According to the appellant, at the time of accident, while the driver of the bus was driving the bus slowly and cautiously by observing all the rules of the road, near the entrance of Koyambedu Bus Stand, the pedestrian who crossed the road, dashed against the bus and invited the accident. The accident has occurred only due to negligence on the part of respondent. If really the accident had happened due to the negligence of the driver of the bus, the passengers and general public near the place of occurrence would not have allowed the bus to move from that place. As per the statement made by the Sub Inspector of Police, K10 Police Station, Koyambedu, the bus belonging to appellant was sent for Motor Vehicle Inspection. The respondent has lodged a false complaint against the appellant only with an intention to get compensation from the appellant. In any event, the quantum of compensation claimed by the respondent is highly excessive and prayed for dismissal of the claim petition.

5.Before the Tribunal, the respondent examined himself as P.W.1 and

14 documents were marked as Exs.P1 to P14. On behalf of the appellant, Singaram, Driver of the bus belonging to appellant was examined as R.W.1 and no document was marked.

6.The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the bus belonging to appellant-Transport Corporation and directed the appellant to pay a sum of Rs.15,42,600/- as compensation to the respondent.

7.To set aside the award dated 12.04.2019 made in M.C.O.P.No.5037 of 2013, the appellant-Transport Corporation has come out with the present appeal.

8.The learned counsel appearing for the appellant contended that the Tribunal ought not to have considered the evidence of P.W.1, whose evidence has not been corroborated by any other independent witness. The Tribunal ought not to have held that mere registering of F.I.R. is more enough for fixing negligence on the part of the driver of the bus. The disability fixed by the Tribunal for the respondent at 80% is highly excessive. The amounts awarded by the Tribunal towards pain and sufferings and loss of amenities are exorbitant. In any event, the total compensation awarded by the Tribunal at Rs.15,42,600/- is highly excessive and prayed for setting aside the award passed by the Tribunal.

9.Heard the learned counsel appearing for the appellant-Transport Corporation and perused the entire materials on record.

10.It is the case of the respondent that at the time of accident, while he was walking along the Kaliyamman