Madras High Court
The Managing Director vs Arasammal on 17 February, 2021
C.M.A.No.413 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.413 of 2021
and
C.M.P.No.2645 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Division III,
Kancheepuram. .. Appellant
Vs.
1.Arasammal
2.Sasikala
3.Karthick
4.Mohana .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
27.04.2017 made in M.C.O.P.No.185 of 2013 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Kancheepuram at
Chengalpattu.
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 27.04.2017 made in M.C.O.P.No.185 of 2013 on the file of the Motor
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C.M.A.No.413 of 2021
Accidents Claims Tribunal, Principal District Court, Kancheepuram at
Chengalpattu.
2.The appellant is the respondent in M.C.O.P.No.185 of 2013 on the
file of the Motor Accidents Claims Tribunal, Principal District Court,
Kancheepuram at Chengalpattu. The respondents filed the above said claim
petition claiming a sum of Rs.15,00,000/- as compensation for the death of
one Gajendran, who died in the accident that took place on 02.02.2011.
3.According to respondents, on 02.02.2011 at about 14.20 hours, while
the deceased Gajendran was riding his bicycle along with his wife
Arasammal as pillion rider on the extreme left side of the Thimmavaram -
Kancheepuram High Road at Thimmavaram, the driver of the bus bearing
Registration No.TN 21 N 0844 belonging to the appellant who was driving
the bus in the same direction in a rash and negligent manner at high speed,
lost his control and hit against the lorry which was coming in the opposite
direction and then hit against the bicycle, rode by the deceased on the
extreme left side of the road and caused the accident. In the accident, the said
Gajendran sustained fatal injuries and taken to Chengalpattu Medical College
Hospital. Inspite of treatment, the said Gajendran succumbed to injuries on
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C.M.A.No.413 of 2021
02.02.2011. Therefore, the respondents filed the said claim petition claiming
a sum of Rs.15,00,000/- as compensation against the appellant.
4.The appellant-Transport Corporation filed counter statement and
denied all the averments made by the respondents. The appellant-Transport
Corporation denied the manner of accident as alleged by the respondents.
According to the appellant, at the time of accident, while the driver of the bus
was driving the bus slowly by observing all traffic rules on the
Kancheepuram - Chengalpet road at Thimmavaram, he saw the lorry bearing
Registration No.TDF 7321 driven by its driver in a rash and negligent manner
from the opposite direction. On seeing this, the driver of the bus to avoid the
accident, turned the bus towards left side. In spite of the same, the lorry
dashed on the right side front corner of the bus and at the same time, the
deceased who was riding the bicycle on the left side of the bus lost his
balance, dashed on the bus, fell down, sustained injuries and died on the spot.
Therefore, the accident has occurred only due to the negligence on the part of
the driver of the lorry as well as on the part of the deceased and not due to the
negligence on the part of the driver of the bus belonging to appellant-
Transport Corporation. Hence, the appellant is not liable to pay any
compensation to the respondents. The appellant-Transport Corporation
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C.M.A.No.413 of 2021
denied the age, avocation and income of the deceased. In any event, the
quantum of compensation claimed by the respondents is highly excessive and
prayed for dismissal of the claim petition.
5.Before the Tribunal, the 1st respondent examined herself as P.W.1
and 15 documents were marked as Exs.P1 to P15. The appellant-Transport
Corporation did not let in any oral and documentary evidence.
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.10,50,000/- as compensation to
the respondents.
7.To set aside the award dated 27.04.2017 made in M.C.O.P.No.185 of
2013, the appellant 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, who was not an
eyewitness to the accident. The Tribunal ought not to have held that mere
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C.M.A.No.413 of 2021
registering of F.I.R. is more enough for fixing negligence on the part of the
driver of the bus. The respondents failed to prove the avocation and income
of the deceased by producing valid documents. In the absence of any material
evidence to prove the avocation and income, a sum of Rs.6,500/- per month
fixed by the Tribunal as notional income of the deceased is excessive. The
amount awarded by the Tribunal under other heads are excessive. In any
event, the total compensation awarded by the Tribunal at Rs.10,50,000/- 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 respondents that at the time of accident, while
the deceased Gajendran was riding the bicycle along with his wife
Arasammal, 1st respondent herein, on the extreme left side of the
Thimmavaram - Kancheepuram High Road at Thimmavaram, the driver of
the bus belonging to the appellant who was driving the bus in the same
direction in a rash and negligent manner at a high speed, lost his control and
hit against the lorry which was coming in the opposite direction and then hit
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C.M.A.No.413 of 2021
against the bicycle, rode by the deceased on the extreme left side of the road
and caused the accident. To prove the said contention, the 1st respondent
examined herself as P.W.1 and marked F.I.R., which was registered against
the driver of the bus as Ex.P1. On the other hand, it is the case of the
appellant that while the driver of the bus was driving the bus slowly by
observing all traffic rules on the Kancheepuram - Chengalpet road at
Thimmavaram, he saw the lorry bearing Registration No.TDF 7321 driven by
its driver in a rash and negligent manner from the opposite direction. On
seeing this, the driver of the bus to avoid the accident, turned the bus towards
left side. In spite of the same, the lorry dashed on the right side front corner
of the bus and at the same time, the deceased who was riding the bicycle on
the left side of the bus lost his balance, dashed on the bus, fell down,
sustained injuries and died on the spot. To prove the said contention, the
appellant has not examined the driver of the bus or any eyewitness and has
not filed any objection to the F.I.R., which was registered against the driver
of the bus. The Tribunal considering the evidence of P.W.1, Ex.P1/F.I.R. and
failure on the part of the appellant for not examining the driver of the bus and
not filing any objection to the F.I.R., held that accident has occurred only due
to the negligence on the part of the driver of the bus belonging to appellant-
Transport Corporation. There is no error in the said finding of the Tribunal
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C.M.A.No.413 of 2021
warranting interference by this Court.
11.As far as quantum of compensation is concerned, it is the claim of
the respondents that at the time of accident, the deceased was aged 42 years,
Worker in L.G.Rubber Factory, Thimmavaram and was earning a sum of
Rs.12,000/- per month. But they failed to prove the said contention. In the
absence of any material evidence to prove the avocation and income of the
deceased, the Tribunal considering the year of accident, age and nature of
work done by the deceased, fixed a sum of Rs.6,500/- per month as notional
income of the deceased. The accident occurred in the year 2011. The monthly
income fixed by the Tribunal is meagre. The Tribunal has also not awarded
any amount towards loss of estate. Whereas, the Tribunal has granted excess
amount of Rs.1,00,000/- towards loss of consortium to 1st respondent, which
is excessive. In view of the meagre amount fixed as monthly income by the
Tribunal and not awarding any amount towards loss of estate, the excess
amount awarded by the Tribunal towards loss of consortium to 1st respondent
is not interfered with. The Tribunal considering entire materials on record,
has awarded a sum of Rs.10,50,000/- as compensation to the respondents,
which is not excessive warranting interference by this Court.
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C.M.A.No.413 of 2021
12.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.10,50,000/- awarded by the Tribunal as compensation to the
respondents, along with interest and costs is confirmed. The appellant-
Transport Corporation is directed to deposit the award amount along with
interest and costs, less the amout if any 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.185 of 2013 on the file of the Motor Accidents Claims
Tribunal, Principal District Court, Kancheepuram at Chengalpattu. On such
deposit, the respondents are permitted to withdraw their respective share of
the award amount as per the ratio of apportionment fixed by the Tribunal
along with proportionate interest and costs after adjusting the amount, if any
already withdrawn, by filing necessary applications before the Tribunal.
Consequently the connected Miscellaneous Petition is closed. No costs.
17.02.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.413 of 2021
To
1.The Principal District Judge,
Motor Accidents Claims Tribunal,
Chengalpattu,
Kancheepuram.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.413 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.413 of 2021
17.02.2021
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