Madras High Court
Indirani vs The Managing Director on 6 September, 2022
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
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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
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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
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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
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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
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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
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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.
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C.M.A.No.1170 of 2022
P.T.ASHA, J.,
sp
C.M.A.No.1170 of 2022
06.09.2022
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