C.M.A.No.1170 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1170 of 2022
1.Indirani
2.Sathishkumar
3.Sangeetha
4.Kalavathi ... Appellants
Vs
The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Ltd.,
No.3/137, Salamedu,
Vazhuthareddy,
Villupuram – 605 602. ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Order and Decreetal Order in
M.C.O.P.No.509 of 2019, dated 02.12.2021, on the file of Motor Accident
Claims Tribunal/Principal District Judge, Perambalur.
For Appellants : Mr.S.Kamadevan
For Respondent : M/s.J.Tamilselvi
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1170 of 2022
JUDGEMENT
The claimants are the appellants before this Court challenging the order passed by the Motor Accident Claims Tribunal (Principal District Judge, Perambalur) in M.C.O.P.No.509 of 2019, in and by which, the claim petition was ordered only with reference to the compensation under the no fault liability.
2.The facts in brief are as follows :-
The claimants are the wife and the children of one Murugesan, who died in an accident that occurred on 26.02.2019. It is the case of the petitioners that on the said date, at around 08.15 p.m, the said Murugesan boarded the respondent Corporation's bus bearing registration No.TN-32-N- 2495. When the bus reached the bus stop at Aakkanur, the deceased attempted to alight from the bus through its front exit. However, while he was alighting there was a sudden jerk in the bus and he had fallen down from the bus and the rear wheel of the bus ran over him causing fatal injuries. Therefore, the petitioners had totally claimed compensation of a 2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022 sum of Rs.25,00,000/-. They would submit that the deceased Murugesan was an agricultural coolie and was aged 57 years at the time of accident. The claim petition was filed under Section of 140 & 166 of the Motor Vehicles Act.
3.The respondent/Transport Corporation has filed a counter inter-alia contending that the accident had occurred solely on account of the negligence of the deceased Murugesan, who attempted to alight from the bus even before it stopped, as a result of which, he had fallen down and the left rear wheel of the bus had ran over his thighs. This was only on account of the deceased not following the basic road rules, which enjoins the passenger to wait till the bus stops before alighting from it. The respondent/Transport Corporation has also questioned the age, income and occupation of the deceased.
4.The Tribunal below after considering the evidence on records 3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022 observed that the accident had occurred only on account of the negligence of the deceased, who had attempted to alight from the bus even before it stopped. Therefore, he was entitled to compensate only under the provisions of Section 140 of Motor Vehicles Act. Challenging the same, the appellants are before this Court.
5.Heard the learned counsels on either side and perused the materials on record.
6.A perusal of the oral evidence adduced in the above matter, particularly the evidence of P.W.2 and R.W.1 would indicate that the driver of the respondent/Transport Corporation's bus was equally negligent and this negligence had led to the accident. P.W.2 in his cross examination would submit that the deceased Murugesan had alighted after P.W.2 alighted and even before he could completely step down, the driver had started the vehicle, as a result of which, the accident had taken place. The witness on the side of the respondent, namely R.W.1, the driver of the bus in 4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022 his cross examination would go on to state that five persons had alighted at the bus stand and they had all alighted before the bus had stopped. This statement cannot be countenanced for the reason that it is the deposition of P.W.2, the eye-witness, that when the bus had reached the bus stop, he had first alighted and he was followed by the deceased Murugesan. The driver had started the vehicle even before Murugesan could complete alighting from the bus and this has caused Murugesan to slip and fall down and consequently, being run over by the bus. If the version of R.W.2 were to be taken, then, after P.W.1 and the deceased Murugesan alighting four persons should have also alighted and that too after the bus had started moving. There appears to be a discrepancy in the evidence of R.W.1.
7.Therefore, this Court is of view that both the deceased Murugesan as well as the driver of the respondent/Transport Corporation's bus were negligent. The negligence on the part of the deceased can be fastened at 25% and that of the respondent/Transport Corporation at 75%. Therefore, the finding of the Tribunal with reference to negligence is set aside and this 5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022 Court holds that both the Transport Corporation as well as the deceased have contributed to the accident in the ratio of 75% : 25%.
8.Since this Court find negligence on the part of the respondent/Transport Corporation, the matter has necessarily be remitted back to the Tribunal for arriving quantum of compensation that could be awarded to the claimants.
9.For these reasons, the Civil Miscellaneous Appeal is allowed and the matter is remitted back to the Court of Motor Accident Claims Tribunal/Principal District Judge, Perambalur for arriving the quantum of compensation. The learned Judge shall dispose of the claim petition within a period of two months from the date of receipt of a copy of this judgment. There shall be no order as to costs in the present appeal.
06.09.2022 Index : Yes/No Speaking order/non-speaking order sp To 6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022
1.The Motor Accident Claims Tribunal/Principal District Judge, Perambalur.
2.The Section Officer, V.R. Section, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1170 of 2022 P.T.ASHA, J., sp C.M.A.No.1170 of 2022 06.09.2022 8/8 https://www.mhc.tn.gov.in/judis