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1972 Supreme(Mad) 248

Madras High Court
RAMAMURTI,KRISHNASWAMY REDDY
M.A.Rahim - Appellant
Versus
Sayari Bai - Respondent
Decided On : 04/10/1972

Advocates:
S. Sampath Kumar and Venkateswami Rao, for Appellants; N. C. Raghavachari and N. S. Varodachari, for Respondent.

The Tribunal's jurisdiction under Section 110-B of the Motor Vehicles Act is very wide and comprehensive. The Tribunal has the power to award 'just compensation' to the victim of a motor vehicle accident.

Headnote:

MOTOR VEHICLES ACT - SECTION 110-B - JUST COMPENSATION - ASSESSMENT - PRINCIPLES - FATAL ACCIDENTS ACT - APPLICABILITY - SCOPE OF TRIBUNAL'S JURISDICTION - EXTENT OF INTERFERENCE BY APPELLATE COURT.

Fact of the Case:

A 12-year-old boy was killed in a bus accident. The Motor Accidents Claims Tribunal awarded Rs. 25,000 as compensation to the boy's mother. The bus owner and the insurance company appealed the decision, arguing that the compensation was excessive and that the Tribunal had erred in its assessment.

Finding of the Court:

The court held that the Tribunal had not erred in its assessment of compensation. The court found that the Tribunal had taken into account all relevant factors, including the boy's age, the family's income, and the boy's prospects for a happy and successful life. The court also found that the Tribunal had not been influenced by any irrelevant or extraneous matters.

Issues: 1. Whether the Tribunal erred in its assessment of compensation. 2. Whether the Fatal Accidents Act applies to claims under Section 110-B of the Motor Vehicles Act. 3. The scope of the Tribunal's jurisdiction under Section 110-B of the Motor Vehicles Act. 4. The extent to which an appellate court can interfere with the Tribunal's decision.

Ratio Decidendi: 1. The Tribunal did not err in its assessment of compensation. The Tribunal took into account all relevant factors, including the boy's age, the family's income, and the boy's prospects for a happy and successful life. The Tribunal was not influenced by any irrelevant or extraneous matters. 2. The Fatal Accidents Act does not apply to claims under Section 110-B of the Motor Vehicles Act. Section 110-B of the Motor Vehicles Act is a self-contained code that provides for the adjudication of claims arising out of motor vehicle accidents. 3. The Tribunal's jurisdiction under Section 110-B of the Motor Vehicles Act is very wide and comprehensive. The Tribunal has the power to award 'just compensation' to the victim of a motor vehicle accident. 4. An appellate court can interfere with the Tribunal's decision only if it is satisfied that the Tribunal erred in law or that the Tribunal's decision was perverse.

Final Decision: The court dismissed the appeal and confirmed the Tribunal's decision.

Judgement

RAMAMURTI, J. :- This appeal has been preferred against the decision of the Motor Accidents Claims Tribunal (hereinafter called 'the Tribunal') against its decision awarding a sum of Rs. 25,000/- as compensation payable to one Sayari Bai, the respondent in this appeal and the claimant before the Tribunal in M. O. P. 3 of 1968 on its file. Sayari Bai's only son Rupa alias Rupraj, aged about 12 years, met with his death as a result of a bus accident in the Bazar Road, Ambattur, opposite to the State Bank of India on 18-10-1967 at about 3-45 p.m. M. A. Rahim, the first respondent in the petition, is the owner of the Bus No. MSW 2471 involved in the fatal accident and Madras Motor and General Insurance Co., is the 2nd respondent. Sayari Bai, the mother of the unfortunate boy, made the claim for compensation under Section 110-A of the Motor Vehicles Act (hereinafter referred to as the Act). She claimed compensation of Rupees 70,000/- and Rs. 5,000/- for expenses, pain and suffering. The Tribunal awarded a sum of Rs. 25,000/-. In support of her case, the father of the boy and one Doraiswami Iyengar, a retired teacher of the school, were examined as witnesses, while on the other side the bus driver, the conductor and the Joint Regional Transport Officer were examined. P. W. 2, the teacher, has given evidence that he was standing opposite to the State Bank of India at about 4 p. m. on 18-10-1967, that school children were coming out of the school, that the bus was going fast from south to north towards the bus stand and the boy was run over by the bus. There is no effective cross-examination and nothing is suggested to him that the accident happened in any other manner that the boy was run over on account of the boy's negligence and no theory is suggested to this witness to make out that the driver of the bus was not negligent and that the accident occurred on account of the negligence of the boy suddenly running across the bus or at the rear side of the bus. In the counter of the bus owner it was stated that the accident occurred because the boy suddenly darted across the road and got himself involved in the accident and that the accident was due to the negligence of the boy. Virtually the second defendant adopted the counter of the first respondent. In the course of the evidence, the driver and the conductor developed a new theory that while the bus was being driven at a slow speed, the boys were chasing the deceased and in that process the deceased ran and dashed himself at the rear end of the bus, sustained injuries, and, as a result thereof, died. The post mortem certificate Ex. A-2 shows that the boy had sustained 19 injuries, of which injuries Nos. 13 to 16 were fractures of the high bone, ribs, etc. The Judge has adverted to the discrepancy between the evidence of R. W. 1 and R. W. 2 as well as the discrepancy revealed in the evidence of R. W. 2 who gave evidence in the criminal case in which the bus driver was prosecuted. From the evidence it is clear that the driver was clearly guilty of gross negligence and rashness in driving the bus. The area is a school zone and just at the time the boys were coming out of the school and therefore the bus driver should have been extremely cautious and careful and mere regulation of speed by itself even if true would not avail. P. W. 1, the teacher, has given clear evidence. The evidence of R. Ws. 1 and 2 shows that they did not even see the boy at the time of the accident and in the cross-examination it is established that they were unable to explain how the accident occurred. It is some theory which they developed in the course of the evidence. Admittedly, there was no passenger in the bus and it is clear that the driver was driving the bus in a rash and negligent manner in a fast speed and without any care and caution, which resulted in the death of the boy. We have perused the evidence of the bus driver and the conductor and we have no hesitation to say that their evidence is


































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