The Managing Director vs Ravi
2023 Latest Caselaw 12061 Mad

Citation : 2023 Latest Caselaw 12061 Mad
Judgement Date : 8 September, 2023

Madras High Court

The Managing Director vs Ravi on 8 September, 2023

                                                                                   CMA No. 1900 / 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 08.09.2023

                                                          CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                         Civil Miscellaneous Appeal No. 1900 of 2022

                     The Managing Director,
                     Tamil Nadu State Transport Corporation Ltd.,
                     Villupuram.                                                       ... Appellant

                                                            Versus

                     1. Ravi

                     2. Radhika                                                     ... Respondents

                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
                     No. 42 of 2018 dated 25.08.2021 on the file of the Motor Accidents
                     Claims Tribunal (III Additional District Judge) at Kallakurichi.
                                  For Appellant         : Mr. T.Chandrasekaran

                                  For Respondents        : Mr. V.Gunasekar

                                                      JUDGMENT

The transport corporation has filed the instant appeal challenging

the award passed by the Tribunal in M.C.O.P. No. 42 of 2018 dated

25.08.2021.

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CMA No. 1900 / 2022

2.The respondents filed the claim petition seeking compensation

before the Tribunal stating that on 10.01.2018 at about 05.30 hours,

while the deceased was travelling as a pillion rider in the two wheeler

bearing Registration No. TN 15 V 0128 ridden by the first respondent

near Vanjikuzhi Village, a bus bearing Registration No. TN 32 N 4079

belonging to the appellant driven by its driver in a rash and negligent

manner, dashed against the two wheeler, as a result of which, the

deceased sustained fatal injuries.

3.The appellant filed a counter stating that the accident occurred

due to the negligence of the first respondent; that the first respondent rode

the two wheeler with two pillion riders and hence, he lost control and

dashed the bus, which resulted in the accident; that the deceased did not

wear helmet and the first respondent did not possess valid license at the

time of the accident; and hence, the appellant was not liable to pay

compensation; and that in any case, the compensation claimed by the

respondents was excessive and prayed for dismissal of the petition.

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CMA No. 1900 / 2022

4.The respondents examined PW1 and marked Ex.P.1 to Ex.P.6.

The appellant examined RW1. However, no exhibit has been marked.

5.The Tribunal after considering the oral and documentary

evidence found that the accident occurred due to the rash and negligent

driving of the driver of the bus and awarded a sum of Rs. 9,25,000/-

towards compensation to the respondents to be paid by the appellant.

Aggrieved by the said award, the appellant had preferred the instant

appeal.

6.The learned counsel for the appellant submitted that the award of

compensation by the Tribunal fixing entire negligence on the driver of the

bus belonging to the appellant corporation is erroneous; that the rider of

the two wheeler who had traveled with two pillion riders was guilty of

negligence and in any case, the Tribunal ought to have fixed contributory

negligence on the driver of the two wheeler. The learned counsel further

submitted that Rs. 1,50,000/- was awarded under the head loss of love

and affection, which is excessive, and hence, prayed for reduction in the

compensation.

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CMA No. 1900 / 2022

7.The learned counsel for the respondents, per contra, submitted

that the award of the Tribunal is just and reasonable and no interference

is called for.

8.The questions that arise for consideration in the instant appeal

are;

(i) Whether the Tribunal was right in fixing entire negligence on the

driver of bus?

(ii) Whether the compensation awarded by the Tribunal is just and

reasonable?

9.As regards the first question, it is seen that the first respondent

who was the rider of the two wheeler (father of the deceased) was

examined as PW1 to prove the manner of the accident. The appellant

examined RW1 driver of the bus to show that he was not guilty of

negligent driving. The versions of PW1 and RW1 are contrary to each

other. They blame each other for the negligent act. However, it is seen

that the first information report was registered against the driver of the

bus belonging to the appellant. That apart, it is seen that RW1, in his

deposition, had without any basis accused the first respondent that he https://www.mhc.tn.gov.in/judis

CMA No. 1900 / 2022

was under the influence of alcohol. The version of the RW1 appears to be

an exaggerated one. Therefore, considering the overall circumstances and

evidence on record, the Tribunal was right in holding that the driver of

the bus was liable for negligence and hence, no interference is called for.

10.However, as regards the quantum of compensation, it is seen

that the respondents, who are the parents of the deceased, were awarded

a sum of Rs. 1,50,000/- towards compensation under the head loss of

love and affection. However, they are each entitled to Rs. 40,000/- and

hence the award under the said head is reduced to Rs.80,000/-. The

award under the other heads are just and the same are confirmed. Thus,

the award of the Tribunal is modified as follows;

                       S.              Description        Amount          Amount            Award
                       No                                awarded by     awarded by       confirmed or
                                                          Tribunal       this Court      enhanced or
                                                            (Rs)            (Rs)           granted
                        1. Loss of dependency                7,50,000      7,50,000        Confirmed
                        2. Funeral expenses                   25,000         25,000        Confirmed
                        3. Loss of love and affection        1,50,000        80,000         Reduced
                             Total                           9,25,000       8,55,000      Reduced by
                                                                                          Rs. 70,000/-

11.With the above modification, this Civil Miscellaneous Appeal is

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CMA No. 1900 / 2022

partly allowed and the compensation awarded by the Tribunal at

Rs.9,25,000/- is hereby reduced to Rs.8,55,000/- together with interest at

7.5% per annum (excluding the default period if any) from the date of

petition till the date of deposit. The appellant is directed to deposit the

award amount now determined by this Court along with interest and

costs, less the amount already deposited, if any, within a period of eight

(8) weeks from the date of a receipt of copy of this Judgment. On such

deposit, the respondents are permitted to withdraw their respective share

of the award amount along with proportionate interest and costs, less the