R.SUBBIAH, J. - (1.) CHALLENGING the Award dated 31.12.2009 passed by the Motor Accidents Claims Tribunal (II Judge, Court of Small Causes), Chennai, in M.C.O.P.No.5179 of 2005, Transport Corporation, Villupuram has filed the present Appeal. Being not satisfied with the quantum of compensation awarded by the Tribunal in M.C.O.P.No.5179 of 2005 on the file of Motor Accidents Claims Tribunal (II Judge, Court of Small Causes), Chennai, Claimant has filed the Cross Objection.
(2.) BRIEF facts are as follows: 1st respondent herein - Claimant, has filed a claim petition before the Tribunal stating that on 11.12.2004 at about 5.15 hours, while he was travelling in a State Express Transport Corporation (2nd respondent herein) bearing registration No.TN-07-N-9412 from Ulundurpet to Trichy, near Asnoor, a bus belonging to the Appellant Corporation, namely, TNSTC bearing registration No.TN-32-N-2034 came in a rash and negligent manner and dashed against the 2nd respondent bus and thus, caused the accident. In the said accident, the claimant, who was travelling in the 2nd respondent bus, had sustained grievous injuries. Hence, he filed a petition as against both the Transport Corporation claiming a sum of Rs.20 lakhs as compensation. Resisting the said case, Appellant Transport Corporation filed a counter stating that the accident had occurred only due to the rash and negligent driving of the driver of the bus belonging to the 2nd respondent Corporation. Likewise, 2nd respondent filed a counter stating that on the date of accident, while the 2nd respondent bus was proceeding at moderate speed, the bus belonging to the appellant Corporation came in a rash and negligent manner from the opposite direction overtaking a lorry and in the said process it came to the wrong side of the road and dashed against the 2nd respondent Corporation bus and thus, caused the accident. Hence, the driver of the 2nd respondent Corporation cannot be held responsible for the accident. Before the Tribunal, Claimant examined himself as P.W.1 besides examining one Dr.N.Sai Chandran as P.W.2 and marked Exs.P-1 to P-25. Drivers of both buses were examined as R.Ws.1 and 2, but no document was marked. The Tribunal after going through the evidence both oral and documentary, came to the conclusion that the accident is the result of rash and negligent driving of the driver of the Appellant Corporation bus. By coming to such a conclusion, the Tribunal has assessed compensation under different heads and passed an award for a sum of Rs.14,83,040/-, directing the Appellant Corporation to pay the same.
(3.) HEARD both sides and perused the materials available on record. Submission of the Appellant Transport Corporation is two folds; (i) accident is the result of head on collision of both Transport Corporation vehicles and, hence, the Tribunal ought to have fixed contributory negligence on both drivers and thereby ought to have directed both Transport Corporations to pay the compensation equally; and (ii) the quantum of compensation awarded under the head of "loss of earning power" is extremely on the higher side. Therefore, the amount awarded under the head of "loss of earning power" needs proper reduction. ;