AI Structured Summary
Not yet generated for this judgment
Judgment
P.P.S. Janarthana Raja, J.—This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree dated
25.02.1999 in MCOP No. 638/1996 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court at Chennai.
Background facts in a nutshell are as follows:
The deceased K.R. Rukmani Thayar was travelling in the Ambassador Car bearing Registration No. TN-07-A-3100 from north to south direction
in the Old Mamallapuram Road in between Pyanoor Village and Pandithamedu Village, i.e., approximately 1.5 Kms from Pyanoor Village. At that
time, a bus bearing Registration No. TN-31-N-0265, belonging to the appellant Transport Corporation, came from the opposite direction in a
rash and negligent manner and dashed against the car in which the deceased was travelling and caused the accident. Due to the accident, the
deceased sustained multiple injuries and was admitted in the Government Hospital, Chengalpattu and on the same day, the deceased was shifted to
the Appollo Hospital where she died. The driver of the car died on the spot and two other occupants have also sustained severe fractures. The
claimant is the son of the deceased. The claimant claimed a compensation of Rs.12,65,000/- before the Tribunal. The appellant / Transport
Corporation resisted the claim. On pleading, the Tribunal framed the following issues:
a) Whether the accident was due to the rashness or negligence on the part of the driver of the bus?
b) Whether the claimant is entitled to get the compensation? If so, what is the amount?
After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred due to the rash and negligent
driving of the bus belonging to the appellant/Transport Corporation and awarded a compensation of Rs.5,90,000/- with interest at 12% p.a. from
the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal.
Learned Counsel appearing for the appellant / Transport Corporation submitted that the Tribunal is wrong in holding that the accident had
occurred due to the rash and negligent driving of the driver of the bus belonging to Transport Corporation. It is also further submitted that the
Tribunal has awarded excessive and exorbitant compensation without basis and justification and that the interest of 12% awarded by the Tribunal
is not in accordance with law. Hence, the order passed by the Tribunal is not in accordance with law.
Learned Counsel appearing for the respondent / claimant submitted that the Tribunal had considered all the relevant materials and evidence
available on record and came to the right conclusion and awarded a just, fair and reasonable compensation. It is therefore submitted that the
compensation awarded by the Tribunal is in accordance with law.
Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.4 were examined and documents Ex.P1 to Ex.P11 were marked. On
the side of the Transport Corporation, witnesses R.W.1 and R.W.2 were examined and no documents were marked. P.W.1 is the claimant
himself. P.W.4 is one Ponnurangam, the Police Constable. P.W.2 and P.W.3 are the occupants of the car in which the deceased was travelling,
who have also sustained severe fractures. Ex.P1 is the Legal Heirship Certificate. Ex.P2 is the Medical Bills. Ex.P3 is the Report of death of Tamil
Nadu Police. Ex.P4 is the Post Mortem Certificate. Ex.P5 is the Income Tax Assessment Form. Ex.P6 is the copy of F.I.R. Ex.P7 is the copy of
Rough Sketch. Ex.P8 is the Accident Register. Ex.P9 is the Post Mortem Certificate. Ex.P10 is the Photos (series). Ex.P11 is the negatives
(series). R.W.1 is one Durairaj, conductor of the bus. R.W.2 is one Munusamy, driver of the bus. After considering the oral and documentary
evidence, the Tribunal awarded a compensation of Rs.5,90,000/- with interest at 12% p.a. from the date of petition. The details of the
compensation are as under:
Rupees
Loss of income 4,80,000/-
Medical Expenses 1,10,049/-
-----------
Total 5,90,049/-
============
Rounded off to Rs. 5,90,000/-
The claimant is the only son of the deceased. The deceased was 57 years old at the time of accident. The deceased was a house wife, managing
the business and the entire properties belonging to her and out of which, she was earning a sum of Rs.10,000/- per month. P.W.2 is the eye
witness has spoken to the fact that while he was proceeding in the Ambassador Car bearing Registration No. TN-07-A-3100 between
Pondithamedu Village and Pyanoor Village in Old Mahabalipuram Road, the bus bearing Registration TN-31-N-0265 was driven by its driver in a
rash and negligent manner and dashed against the car and as a result of the accident, the car rolled down and the driver was thrown away from the
car and other occupants, namely his mother-in-law, his wife and two children including himself have sustained grievous injuries. P.W.2 had made it
clear in the cross examination that the accident was only due to the rashness and negligence on the part of the driver of the bus. P.W.3 is the wife
of P.W.2. P.W.3, being one among the occupants of the said Ambassador Car deposed that the driver of the bus has violated the traffic rules and
came rashly and hit the car and as a result, the car driver died on the spot. The driver and conductor of the bus were also examined and they are
R.W.2 and R.W.1. Both of them have given oral evidence that the accident had occurred only due to the negligence on the part of the driver of the
Ambassador Car. R.W.2, in the cross examination, had stated that he was keeping left side of the road at the time of accident. But Ex.P7-Copy of
rough sketch, clearly shows that the driver of the bus, R.W.2, was responsible for the accident. R.W.1 has conceded the fact that since he
happened to be on the back side in the bus and was issuing tickets to the passengers, he has not actually seen the accident. Ex.P6 is the copy of
F.I.R. which was lodged by the driver of the bus, R.W.2 and R.W.2 was charge sheeted before the learned Judicial Magistrate,
Thirukazhikundram. After taking into consideration all these oral and documentary evidence, the Tribunal came to the conclusion that the accident
had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant / Transport Corporation. The claimant is the
legal heir and is also the dependant of the deceased. It was also stated that the deceased was an Income Tax assessee and Ex.P5 has been
marked, which clearly shows that for the assessment year 1995-96, a sum of Rs.3,545/- was paid by the deceased towards income tax, but
Ex.P5 does not give any clue to the fact as to how much annual income derived from the properties owned by the deceased Rukmani Thayar.
Taking into consideration of the oral and documentary evidence, the Tribunal was of the view that the deceased would have earned not less than
Rs.7,500/- per month. From the said amount, 1/3rd was deducted towards personal expenses and the balance amount of Rs.5,000/- was taken as
the monthly contribution of the deceased to the family. Accordingly, the annual income was determined at Rs.60,000/-. The age of the deceased
was 57 years at the time of accident. After taking into consideration of the age of the deceased, the Tribunal adopted the multiplier of 8 and
determined the loss of income to the family at Rs.4,80,000/-. The Tribunal has correctly determined the annual income and adopted the correct
multiplier and the same are based on valid materials and evidence. Hence the compensation awarded by the Tribunal towards loss of income is
confirmed. P.W.1 has given evidence that his mother was admitted in the Appollo Hospital, Chennai on 16.10.1995 and after undergoing
treatment till 08.11.1995, died on 08.11.1995 in the hospital itself. P.W.1 has also stated that he has spent a sum of Rs.1,10,000/- towards
medical expenses on his mother. Ex.P2 is the medical bills. The Tribunal relied on these oral and documentary evidence and awarded a sum of
Rs.1,00,049/- towards medical expenses, which is based on valid materials and evidence and hence the same is confirmed. The interest rate
awarded by the Tribunal at 12% from the date of petition is very excessive and is not in accordance with law. In this case, the correct rate of
interest is 9% and therefore, the interest rate alone is modified to 9% as against 12% fixed by the Tribunal.
Therefore the compensation awarded by the Tribunal at Rs.5,90,000/- is confirmed and the interest rate alone is modified to 9% p.a. from the
date of petition as against 12% awarded by the Tribunal.
The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, C.M.P. No. 6040 of 2000 is closed. No costs.