(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 30.03.2015, made in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri).1. This Civil Miscellaneous Appeal has been filed by the appellant- Transport Corporation against the quantum of compensation granted by the Tribunal in the award dated 30.03.2015, made in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.2. By consent of the learned counsel appearing for the appellant as well as the respondents, the appeal is taken up for final disposal at the admission stage itself.3. The appellant is the respondent in M.C.O.P. No.953 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri. The respondents/claimant filed the said claim petition, claiming a sum of Rs.20,00,000/- as compensation for the death of one Veeraji who died in the accident that took place on 30.03.2013.4. According to the respondents, on the date of accident, the deceased was walking on the left side of the road towards his house after the day's work. When he was coming near the tomato mundy on Rayakottai to Hosur road, opposite to Hogenekal water tank, the driver of the Bus bearing Registration No.TN-29-N-1854 belonging to the appellant-Transport Corporation drove the same in a rash, reckless and negligent manner at an uncontrollable speed on the opposite direction and hit on the deceased Veeraji and caused the accident. The accident occurred only due to rash and negligent driving by driver of the Bus. In the accident, the deceased sustained fatal injuries and hence, the respondents filed claim petition claiming compensation against the appellant as owner of the Bus involved in the accident.5. The appellant-Transport Corporation, filed counter statement and denied all the averments made by the respondents in the claim petition. According to the appellant, on the date of accident, the Bus bearing Registration No.TN-29-N-1854 was plying between Dharmapuri and Hosur has taken its trip at Hosur by 20.05 hours to proceed towards Hosur. The driver of the said Bus drove the same in a cautious manner with due care on the left side of the road, following all the traffic rules. At about 21.40 hours, when the Bus was proceeding at the tomato mundy near Dhaba hotel, there was heavy traffic on the opposite direction. While so, the deceased who was walking on the left side of the road, all of a sudden entered on the traffic road without minding the oncoming Bus. On seeing the pedestrian's hasty crossing, the driver of the appellant Bus turned the Bus to the right to avoid hitting the pedestrian. But the front left corner of the Bus hit pedestrian and thus the accident occurred. A case has been registered against the driver of the Bus in Crime No.66/2013 under Sections 279, 304 (A) of I.P.C. The accident occurred only due to negligent act of the deceased and hence, the appellant is not liable to pay compensation. In any event, the respondents have to prove the age, avocation and income of the deceased to claim compensation and prayed for dismissal of the claim petition.6. Before the Tribunal, the 1st respondent examined herself as P.W.1, examined one Krishnan, eye-witness as P.W.2 and marked 8 documents as Exs.P1 to P8. The appellant did not let in any oral and documentary evidence.7. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by driver of the Bus belonging to the appellant-Transport Corporation and directed the appellant to pay a sum of Rs.10,70,400/- as compensation to the respondents.8. Questioning the quantum of compensation granted by the Tribunal in the award dated 30.03.2015, made in M.C.O.P. No.953 of 2013, the appellant – Transport Corporation has come out with the present appeal.9. The learned counsel appearing for the appellant-Transport Corporation contended that the respondents failed to prove the age, avocation and income of the deceased by oral and documentary evidence. In the absence of any evidence, the amount of Rs.9,000/- per month fixed by the Tribunal as notional income is excessive. The amounts awarded by the Tribunal under other conventional heads are excessive and prayed for reducing the compensation granted by the Tribunal.10. Per contra, the learned counsel appearing for the respondents submitted that the Tribunal considering the materials on record, awarded compensation under different heads, which are not meagre and prayed for dismissal of the appeal.11. Heard learned counsel appearing for the appellant-Transport Corporation as well as the respondents and perused the materials available on record.12. From the materials on record, it is seen that it is the contention of the respondents that at the time of accident, the deceased was working as a Mason and was earning a sum of Rs.20,000/- per month. They failed to prove the same. In the absence of any materials to prove the avocation and income of the deceased, the Tribunal fixed a sum of Rs.9,000/- per month as notional income. The accident is of the year 2013. Considering the year of accident and nature of work done by the deceased, the notional income fixed by the Tribunal is not excessive. The Tribunal considering the post-mortem certificate marked as Ex.P2, fixed age of the deceased as 53 years and rightly applied multiplier '11'. There are 5 dependents of the deceased. Hence, deducting 1/5th towards personal expenses of the deceased, the Tribunal awarded a sum of Rs.9,50,400/- towards future loss of income, which is in order. The Tribunal has awarded a meagre sum of Rs.30,000/- towards loss of consortium to the 1st respondent, wife of the deceased and Rs.60,000/- towards loss of love and affection to the respondents 2 to 5 who are the children of the deceased. The Tribunal failed to award any amount for loss of estate. In view of the same, the sum of Rs.20,000/- excessively awarded by the Tribunal towards funeral expenses is not interfered. The total compensation awarded by the Tribunal is not excessive. There is no error in the award of the Tribunal, warranting interference by this Court.13. In the result, this Civil Miscellaneous Appeal is dismissed and the amount awarded by the Tribunal a
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t Rs.10,70,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit is confirmed. The appellant-Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount already deposited, within a period of twelve weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.953 of 2013. On such deposit, the respondents are permitted to withdraw their share of the award amount along with proportionate interest and costs, as per the ratio of apportionment fixed by the Tribunal, after adjusting the amount, if any, already withdrawn, by filing necessary applications before the Tribunal. No costs.