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Judgment
C.S. Karnan, J.—On 30.09.2006, at about 8.00 p.m., when the deceased was proceeding on his bicycle on the Coimbatore Main road,
the respondent''s bus driver drove the bus in a negligent manner and dashed it against the (deceased). As a result, the (deceased) had sustained
injuries and succumbed to it. Hence, the parents of the deceased have filed the claim against the respondents. The State Transport Corporation
had filed a counter statement and resisted the claim petition. The respondent submitted that the deceased, had all of a sudden, attempted to cross
the road, without noting the respondent''s bus and as a result, he fell down under the bus. The respondent further submits that the deceased had
invited the accident by his negligence. The averments in the claim regarding age, income and occupation of the deceased was also not admitted.
On considering the averments of both the parties, the Tribunal had framed two issues namely: (1) Whether the accident had been committed by
the rash and negligent driving by the driver of the bus? and (2) Whether the claimants are entitled to get compensation? On the side of the
claimants, 4 witnesses were examined and 14 documents were marked namely F.I.R.; Ration Card; Identity Card; Educational qualification
certificates; Postmortem report; Observation mahazar; Motor Vehicle Inspector''s report; Charge sheet; Rough sketch; and Death Certificate. PW
1 had adduced evidence that when his son Karthik was proceeding on his bicycle, on 30.09.2006, at about 8.00 p.m., on the Coimbatore Main
Road, the respondent''s bus driven by its driver in a negligent manner, had dashed against his son. PW 2, the eyewitness of the accident had also
adduced evidence on the same lines of PW 1 regarding manner of accident. PW 2 further deposed that the driver of the bus bearing Registration
No. TN-38-N-0908 had attempted to overtake a lorry proceeding ahead of it and as a result, the bus had dashed against the cyclist. PW 3 and
PW 4 had adduced evidence that the deceased was studying and that he was doing welding work. PW 1 further stated that his son was aged 18
years and he was doing his I.T.I. course at G.K.D. Institute of Technological and Resources. He further stated that he lost his only son in the said
accident.
On the side of the respondents, no witness was examined and no document was marked.
On considering the evidence of the witnesses and on perusing the documents marked by the claimants, the Tribunal had granted a sum of Rs.
1,90,000/- as compensation, with interest at the rate of 7.5% per annum. Not being satisfied with the said quantum of compensation, the claimant
has filed the above appeal and has sought additional compensation of a sum of Rs. 4,00,000/-. The very competent counsel argued that the
deceased was studying in a I.T.I. Course as a Welder and after completing his course, he could have earned a sum of Rs. 7,500/- per month. The
claimants had lost their only son, aged 18 years in the said accident. They were depending on the support of the deceased for their future life. The
Tribunal had not granted adequate compensation under the relevant heads.
The learned counsel for the Transport Corporation submitted that the Tribunal had granted adequate compensation under the head of loss of
earning, loss of love and affection, transport and funeral expenses and after considering that the deceased was a student and a non-earning
member.
On verifying the factual position of the case and arguments advanced by the learned counsel on either side and on perusing the impugned award
of the Tribunal, this Court does not find any shortcomings in the conclusions arrived at regarding negligence and liability. However, the quantum of
compensation i.e. a sum of Rs. 1,90,000/- awarded is on the lower side, since the deceased was aged about 18 years and he was the only son of
the claimants. Further, the deceased was studying at a Technical Institution in order to pursue a career in Welding and he was about to complete
his study within a short space of time and he would have started earning as a technician in Welding. Therefore, this Court is inclined to grant a sum
of Rs. 4,00,000/- as compensation to the claimants under the head of loss of earning, loss of love and affection, funeral expenses and transport.
Therefore, this Court directs the appellant herein to pay a sum of Rs. 2,10,000/- as additional compensation to the claimants, as it is found to be
appropriate in the instant case, with interest at the rate of 7.5% per annum from the date of filing the claim till date of payment of compensation.
This Court directs the Transport Corporation to deposit the said compensation, within a period of 8 weeks from the date of receipt of this
order. After such a deposit having been made, it is open to the claimants, to withdraw the said compensation amount, equally, with accrued interest
thereon, lying in the credit of M.C.O.P. No. 77 of 2007, on the file of the Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate,
Coimbatore, after filing a memo. along with a copy of this order. In the result, the above appeal is partly allowed. Consequently, the award and
decree passed in M.C.O.P. No. 77 of 2007, on the file of Motor Accidents Claims Tribunal-cum-Chief Judicial Magistrate, Coimbatore, dated
12.06.2008, is modified. No costs.