Madras High Court
The Managing Director vs Rani on 11 January, 2021
C.M.A.No.1 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1 of 2021
and
C.M.P.No.16 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Limited,
Dharmapuri Sub-Division,
Bharathipuram,
Dharmapuri. .. Appellant
Vs.
1.Rani
2.Rajadurai
3.Rajakumari .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri.
For Appellant : Ms.P.Rajathi
for Mr.D.Raghu
JUDGMENT
The matter is heard through "Video Conferencing".
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C.M.A.No.1 of 2021
2.This Civil Miscellaneous Appeal has been filed against the award
dated 12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri.
3.The appellant is the respondent in M.C.O.P.No.671 of 2018 on the
file of the Motor Accidents Claims Tribunal, Special District Court,
Dharmapuri. The respondents filed the said claim petition claiming a sum of
Rs.25,00,000/- as compensation for the death of one Duraisamy, who died in
the accident that took place on 10.05.2018.
4.According to respondents, on 10.05.2018 at about 04.00 P.M., while
the deceased was riding his TVS Wego motorcycle bearing Registartion
No.TN 29 BD 3161 on Dharmapuri – Salem Nethaji Bye Pass Road towards
Dharmapuri Collectorate near State Bank of India, Dharmapuri, the driver of
the bus belonging to appellant, drove the bus in a rash and negligent manner
and dashed behind the motorcycle rode by the deceased and caused the
accident. In the accident, the front tyre of the bus ran over the deceased and
the said Duraisamy sustained multiple grievous injuries all over his body.
Immediately after the accident, the said Duraisamy was taken to Government
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C.M.A.No.1 of 2021
Hospital, Dharmapuri. The Doctors examined the said Duraisamy and
declared that he was already dead. Therefore, the respondents filed the said
claim petition claiming a sum of Rs.25,00,000/- as compensation against the
appellant-Transport Corporation.
5.The appellant-Transport Corporation filed counter statement and
denied all the averments made by the respondents. According to the
appellant, the driver of the bus drove the same very slowly, carefully, without
any negligence and rashness. The deceased only rode his motorcycle without
observing the traffic rules and overtook the bus belonging to appellant very
closely to the centre median divider and on seeing the unknown two wheeler
which was coming from the opposite direction, the deceased turned his two
wheeler suddenly to his left side and applied sudden brake to avoid the
accident. But his motorcycle got twisted and the said Duraisamy fell down in
front of the right wheel of the bus. The driver of the bus on seeing the
motorcyclist coming from the opposite direction wrongly in front of the
deceased, applied sudden brake and turned the bus to the extreme left side of
the road. Eventhough the driver of the bus belonging to appellant drove the
bus carefully by observing the traffic rules by sounding horn, the said
Duraisamy fell down on the front right wheel of the bus and invited the
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C.M.A.No.1 of 2021
accident. Therefore, the accident has occurred only due to negligence on the
part of the deceased and also he was not wearing helmet at the time of
accident. Hence, the appellant is not liable to pay any compensation to the
respondents. The respondents have to prove the age, avocation and income of
the deceased by producing valid documents. In any event, the quantum of
compensation claimed by the respondents is highly excessive and prayed for
dismissal of the claim petition.
6.Before the Tribunal, the 1st respondent examined herself as P.W.1
and one Singaravelan, eyewitness to the accident was examined as P.W.2 and
15 documents were marked as Exs.P1 to P15. On behalf of the appellant, one
Saravanakumar, driver of the bus belonging to appellant-Transport
Corporation was examined as R.W.1 and no documentary documentary
evidence was let in.
7.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.13,92,000/- as compensation to
the respondents.
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C.M.A.No.1 of 2021
8.Against the said award dated 12.03.2020 made in M.C.O.P.No.671 of
2018, the appellant-Transport Corporation has come out with the present
appeal.
9.The learned counsel appearing for the appellant contended that the
deceased only rode the motorcycle without observing the traffic rules,
overtook the bus belonging to appellant-Transport Corporation very closely
to the centre median and on seeing an unknown motorcycle coming from the
opposite direction, the deceased turned his motorcycle to left side, applied
brakes to avoid the accident. But, the motorcycle rode by the deceased got
twisted, fell down in front of the right wheel of the bus and invited the
accident. The accident has occurred only due to negligence on the part of the
deceased and hence, the appellant is not liable to pay any compensation. The
monthly income of the deceased fixed by the Tribunal at Rs.15,000/- is
without merits and the total compensation awarded by the Tribunal under
different heads are excessive and prayed for setting aside the award passed by
the Tribunal.
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C.M.A.No.1 of 2021
10.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
11.From the materials available on record, it is seen that it is the case
of the respondents that while one Duraisamy/husband of the 1 st respondent
and father of respondents 2 and 3 was riding his TVS Wego motorcycle on
Dharmapuri – Salem Nethaji Bye pass Road towards Dharmapuri
Collectorate near State Bank of India, Dharmapuri, the driver of the bus
belonging to appellant-Transport Corporation drove the same in a rash and
negligent manner and dashed on the backside of the TVS Wego motorcycle
rode by the deceased and caused the accident. Due to the injuries sustained in
the accident, the said Duraisamy died. To prove the same, the 1 st respondent
examined herself as P.W.1 and one Singaravelan, eyewitness to the accident
was examined as P.W.2 and marked F.I.R., which was registered against the
driver of the bus belonging to appellant-Transport Corporation as Ex.P1. On
the other hand, it is the case of the appellant that accident has occurred only
due to rash and negligent riding by the deceased who overtook the bus on the
right hand side of the bus and suddenly turned to left side, applied brake and
skidded and fell down in front of the bus and invited the accident. In support
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C.M.A.No.1 of 2021
of their case, the driver of the bus was examined as R.W.1. The appellant-
Transport Corporation or the driver of the bus did not lodge any complaint
against the deceased or did not file any objection to the F.I.R., which was
registered against the driver of the bus. In the absence of any other materials,
the Tribunal considering the evidence of P.W.2/eyewitness, Ex.P1/F.I.R. and
charge sheet laid against R.W.1, accepted the evidence of P.W.2 and rejected
the evidence of R.W.1. The Tribunal has appreciated all the materials in
proper perspective and has given valid reason for the said finding. There is no
error in the said finding of the Tribunal warranting interference by this Court.
12.As far as quantum of compensation is concerned, the Tribunal
considering the entire materials placed before it, fixed notional income of the
deceased at Rs.15,000/- per month and awarded compensation under different
heads to the respondents which are not excessive warranting interference by
this Court.
13.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.13,92,000/- 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
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C.M.A.No.1 of 2021
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.671 of 2018 on the file of the Motor Accidents Claims
Tribunal, Special District Court, Dharmapuri. 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.
11.01.2021
krk
Index : Yes / No
To
1.The Special District Judge,
Motor Accidents Claims Tribunal,
Dharmapuri.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.1 of 2021
11.01.2021
https://www.mhc.tn.gov.in/judis/
