Judgment 1. Being aggrieved by the finding, fixing negligence on the driver of the Metropolitan Transport Corporation bus, bearing Registration No.TN-01N-2709, alleged to have caused the death of one John Peter in the accident, which occurred on 06.02.1998, the present appeal has been filed by the Transport Corporation with the delay of 237 days in filing. Though the appeal has been filed in the year 2005, the respondents/parents, who have lost their son, aged about 20 years, have not been served sofar. However, having regard to the decision of the Honble Supreme Court in Jai Prakash v. National Insurance Company Limited reported in 2010 ACJ 455 that the injured or legal representative of the deceased has to be provided with just and reasonable compensation and considering the fact that the appeal is pending for nearly 9 years, this Court is not inclined to consider the appeal on merits, by condoning the delay. 2. Perusal of the Judgment shows that the respondents/ claimants, have averred that on 06.02.1998, about 05.30PM, when their son John Peter was proceeding in the Scooter from St.Thomas Mount to Porur, following the rules and regulations, a Transport Corporation bus, bearing Registration No.TN-01N-2709, which came in the opposite direction, driven in a rash and negligent manner, by its driver, dashed against the Scooterist and the scooterist instantaneously died. On the complaint of the driver of the bus, Ex.R1-First Information Report has been registered against the deceased. Except RW1, driver of the bus, no other witness has been examined. Adverting to the oral and documentary evidence adduced on behalf of both the parties, the Claims Tribunal has observed that there is possibility of the driver of the bus, lodging complaint against the deceased, fixed negligence on him. The finding of negligence has been arrived at by the Claims Tribunal, after evaluating the evidence adduced by both parties. Further, the conclusion of the Claims Tribunal on the abovesaid premise, in respect of a fatal case, cannot be said to be perverse. The accident has occurred on 06.02.1998. Having regard to the pendency of the appeal nearly 9 years, on the facts and circumstances of the case, the reversal of the finding, at this juncture, is not warranted. Hence, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. The accident has occurred on 06.02.1998. Having regard to the pendency of the appeal nearly 9 years, on the facts and circumstances of the case, the reversal of the finding, at this juncture, is not warranted. Hence, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Consequent to the dismissal of the appeal, the appellant Transport Corporation, is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of M.C.O.P.No.427 of 1998 on the file of Motor Accidents Claims Tribunal (Principal Sub Court), Chengleput, within a period of four weeks from the date of receipt of a copy of this order, if not deposited earlier. On such deposit, the respondents/claimants are permitted to withdraw the amount as apportioned by the Claims Tribunal, by making necessary applications.