The principle of Res Ipsa Loquitur applies where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care.

ALLADI KUPPUSWAMI, J.

( 1 ) KAMALAMMAL was one of the passengers travelling in the bus APC 4347 which was proceeding from Kona Road to Tirupati on the 8/02/1969. The bus met with an accident to the breakage of the front left stub axle, and Kamalammal sustained severe injuries. She was taken to the hospital at Tirupati where she succumbed to the injuries. Her husband filed an application under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (District Judge), Chittoor, on behalf of himself and his children, namely two sons and four daughters claiming a compensation of Rs. 50,000. In the petition he alleged that owing to rash and negligent driving, the front left stub axle broke, resulting in the accident, and he and his children were entitled to compensation for the death of his wife in the accident. The owner of the vehicle filed a counter denying that there was any rash and negligent driving of the bus. He contended that the accident was due to the sudden and unexpected breakage of the front left stub axle which could not be avoided by any amount of care. The accident was due to reasons beyond anybodys control and was not due to rashness or negligence on the part of the driver. He further, contended that the deceased was herself unhealthy and sickly and the death was due to that and not due to the seriousness of the injuries caused. It was further stated that the claim of Rupees 50,000/- as compensation was excessive.

( 2 ) THE bus was insured with the Madras Motor and General Insurance Company Limited. The insurance company also resisted the claim and further contended that in any event their liability would be limited to a sum of Rupees 2,000/- having regard to the terms of the contract of insurance.

( 3 ) THE tribunal held that the accident was due to the negligence of the driver and the claimant was entitled to compensation. It fixed the compensation at Rs. 10,000. 00 made up of Rs. 4,000. 00 payable to the claimant for the loss of consortium and Rs. 6,000. 00 payable to the claimant and his children for pecuniary loss suffered by them due to the death of Kamalammal. It however held that the liability of the Insurance Company was limited to Rs. 2,000. 00 according to the contract of insurance. In the result, the tribunal directed that the owner of the vehicle should pay Rs. 8,000. 00 and the Insurance Company should pay Rs. 2,000. 00 with interest at 51/2% p. a. from the date of the order. The owner of the vehicle has preferred C. M. A. No. 86 of 1972 against the said order and the claimant has preferred an independent appeal. C. M. A. No. 251 of 1972. In C. M. A. No. 86 of 1972 the appellant contends that the findings of the tribunal that the accident was due to the negligence on the part of the driver is incorrect. The appellant also questioned the reasonableness of the amount of compensation awarded. In C. M. A. No. 251 of 1972 the claimant urges that the tribunal ought to have awarded the entire amount of Rs. 50,000. 00 claimed as compensation. The appeals have been heard together and are disposed of by this common judgment.

( 4 ) THE array of parties is referred to as in C. M. A. No. 86 of 1972.

( 5 ) IT is submitted that the front left stub axle suddenly broke resulting in the accident. In the counter to the petition before the Tribunal it was sought to be contended that Kamalammal did not die as a result of accident but the death was due to the fact that she was already sick and unhealthy. We have no hesitation in rejecting this contention in view of the evidence of the doctor, P. W. 1 who examined the dead-body of Kamalammal. He stated that she was otherwise quite hale and healthy and during the post-mortem examination he could not find that she was suffering from any disease. Except the averments in the counter there is absolutely no evidence that Kamalammal was suffering from any disease. There is absolutely no doubt that the death was the direct result of the accident.

( 6 ) TH

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