Madras High Court
The Managing Director vs B.Amirtham @ Amerthammal on 1 March, 2021
C.M.A.No.604 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A. No.604 of 2021
and C.M.P.No.3679 of 2021
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Division III, NH4, Ponnerikarai,
Karaipettai Village and Post,
Kanchipuram. .. Appellant
Vs.
1.B.Amirtham @ Amerthammal
S.Balan (died)
2.E.Tamil Selvi
3.K.Suganya .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 22.11.2019, made
in M.C.O.P. No.888 of 2017, on the file of the Additional District Court
(FTC), (Motor Accident Claims Tribunal), Kanchipuram.
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C.M.A.No.604 of 2021
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant-
Transport Corporation to set aside the award of the Tribunal dated
22.11.2019, made in M.C.O.P. No.888 of 2017, on the file of the Additional
District Court (FTC), (Motor Accident Claims Tribunal), Kanchipuram.
2.The appellant is the respondent in M.C.O.P. No.888 of 2017, on the
file of the Additional District Court (FTC), (Motor Accident Claims
Tribunal), Kanchipuram. The respondents/claimants filed the said claim
petition, claiming a sum of Rs.40,00,000/- as compensation for the death of
one B.Selvakumar, who died in the accident that took place on 18.10.2017.
3.According to the respondents, on the date of accident, when the
deceased B.Selvakumar was riding a Motorcycle bearing Registration
No.TN-21-AS-1746 from Varadhapuram towards Kancheepuram in the
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C.M.A.No.604 of 2021
extreme left side of the road, near Siruvakkam junction road on the Parandur
to Kancheepuram Road, the driver of a Bus bearing Registration No.TN-21-
N-0733 belonging to the appellant-Transport Corporation drove the vehicle
from Kancheepuram towards Parandur direction in a rash and negligent
manner and hit against the Motorcycle rode by the deceased and caused the
accident. In the accident, the deceased B.Selvakumar sustained fatal injuries.
The accident occurred only due to rash and negligent driving by driver of the
Bus. Hence, the respondents filed the claim petition claiming compensation
against the appellant as owner of the Bus involved in the accident.
4.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, when the driver of the
Bus involved in the accident was driving from Kancheepuram to
Chellampattarai, near Siruvakkam, on seeing the rash and negligent riding of
Motorcycle by the deceased B.Selvakumar, the driver stopped the Bus at the
road side. In spite of that, the deceased rider of the Motorcycle, unable to
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C.M.A.No.604 of 2021
control his speed, dashed on the front side number plate, bumper and fell
down and sustained injuries since he was not wearing helmet. The accident
occurred only due to rash and negligent riding of Motorcycle by the deceased
B.Selvakumar. The FIR has been registered against the deceased rider of the
Motorcycle. For the negligence on the part of the deceased, the appellant is
not liable to pay any compensation to the respondents. In any event, the total
compensation claimed by the respondents is excessive and prayed for
dismissal of the claim petition.
5.Before the Tribunal, the 1st respondent examined herself as P.W.1,
one Moorthy, eye-witness was examined as P.W.2 and 8 documents were
marked as Exs.P1 to P8. The appellant examined the driver of the Bus
involved in the accident as R.W.1, but did not mark any documents.
6.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
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C.M.A.No.604 of 2021
and directed the appellant to pay a sum of Rs.23,41,000/- as compensation to
the respondents.
7.To set aside the award of the Tribunal dated 22.11.2019, made in
M.C.O.P. No.888 of 2017, the appellant – Transport Corporation has come
out with the present appeal.
8.The learned counsel appearing for the appellant/Transport
Corporation contended that the Tribunal failed to note that the accident has
occurred only due to rash and negligent riding of Motorcycle by the deceased.
The Tribunal erred in not considering the FIR registered against the rider of
the Motorcycle and fixed entire negligence on the driver of the Bus. The
learned counsel further contended that the Tribunal failed to note that no
valid document was filed by the respondents to prove the age, avocation and
income of the deceased. The Tribunal erred in fixing a sum of Rs.7,500/- as
monthly income of the deceased B.Selvakumar, which is excessive. The
deceased was a bachelor at the time of accident. The Tribunal erroneously
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C.M.A.No.604 of 2021
awarded compensation towards loss of consortium. The amounts awarded by
the Tribunal under different heads are excessive and prayed for setting aside
the award of the Tribunal.
9.Heard learned counsel appearing for the appellant-Transport
Corporation and perused the materials available on record.
10.It is the case of the respondents that while the deceased
B.Selvakumar was riding his Motorcycle, the driver of the Bus belonging to
the appellant/Transport Corporation drove the same in a rash and negligent
manner, hit against the Motorcycle rode by the deceased and caused the
accident. To substantiate this contention, the 1st respondent, mother of the
deceased B.Selvakumar, examined herself as P.W.1, eye-witness to the
accident was examined as P.W.2, who deposed about the manner of the
accident. On the other hand, it is the contention of the appellant/Transport
Corporation that while the Bus belonging to them was driven carefully, the
deceased/rider of the Motorcycle, drove the vehicle in a rash and negligent
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C.M.A.No.604 of 2021
manner at an uncontrollable speed and hit against the Bus and caused the
accident. To prove their case, the appellant examined the driver of the Bus as
R.W.1. The appellant has not examined any independent witness to prove
their contention. R.W.1, the driver of the Bus is an interested witness. The
Tribunal considering the evidence of P.W.2 and failure on the part of the
appellant to examine any independent eye-witness, held that the accident has
occurred only due to rash and negligent driving by the driver of the Bus
belonging to the appellant/Transport Corporation and directed the appellant
to pay the compensation to the respondents. There is no error in the said
finding of the Tribunal warranting interference by this Court.
11.As far as quantum of compensation is concerned, it is the case of the
respondents that the deceased B.Selvakumar was working as a Two Wheeler
Mechanic and was earning a sum of Rs.20,000/- per month at the time of
accident. The respondents failed to prove the same. In the absence of any
material evidence to prove the income of the deceased, the Tribunal fixed a
sum of Rs.7,500/- per month as notional income of the deceased. The
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C.M.A.No.604 of 2021
accident is of the year 2017. The cost of living has increased enormously and
salary of even unskilled workers has increased substantially. Considering the
year of accident and nature of work done by the deceased, the monthly
income fixed by the Tribunal is not meagre. The deceased was a Bachelor at
the time of accident. The Tribunal without considering the same, erroneously
awarded a sum of Rs.40,000/- towards loss of consortium to the respondents,
instead of granting under the head, loss of love and affection. The Tribunal
failed to award any amount towards transportation. The amounts awarded by
the Tribunal under other heads are just and reasonable and hence, I find no
reason to interfere with the award of the Tribunal.
12.In the result, this Civil Miscellaneous Appeal is dismissed and the
amount awarded by the Tribunal at Rs.23,41,000/- 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
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C.M.A.No.604 of 2021
of this judgment, to the credit of M.C.O.P. No.888 of 2017. On such deposit,
the respondents are permitted to withdraw their 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, connected
Miscellaneous Petition is closed. No costs.
01.03.2021
Index : Yes/No
gsa
To
1.The Additional District Judge,
Fast Track Court,
(Motor Accident Claims Tribunal),
Kanchipuram.
2.The Section Officer,
V.R Section,
High Court, Madras.
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C.M.A.No.604 of 2021
V.M.VELUMANI, J.,
gsa
C.M.A. No.604 of 2021
01.03.2021
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