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2011 Supreme(Mad) 898
High Court of Judicature at Madras
P.P.S. JANARTHANA RAJA
The Managing Director, Tamil Nadu State Transport Corporation Ltd.,
Versus
Minor P. Shanmugapriyan & Others
C.M.A.Nos.373 to 382 of 2011, M.P.Nos.1, 1, 1, 1, 1, 1, 1, 1, 1 & 1 of 2011
Decided on : 22-02-2011
For the Appellant:B. Vijayalakshmi, Advocate.
For the Respondents:
The main legal point established in the judgment is the liability of the Transport Corporation and the District Health Society for a motor vehicle accident, as determined under the Motor Vehicles Act, 1988, Section 173.
Headnote:
Motor Vehicle Accident - Transport Corporation - Motor Vehicles Act, 1988, Section 173 - The court discussed the liability of the Transport Corporation and the District Health Society for a motor vehicle accident, and the compensation awarded to the claimants. The court confirmed the findings of the Tribunal and dismissed the appeals filed by the Transport Corporation.
Fact of the Case:
The claimants were involved in a motor vehicle accident caused by the rash and negligent driving of the Transport Corporation's bus and an ambulance. The claimants sustained injuries and claimed compensation before the Tribunal.
Finding of the Court:
The court confirmed the Tribunal's findings that the accident was caused by the negligent driving of the Transport Corporation's bus and the ambulance, and upheld the compensation awarded to the claimants.
Issues: The issues included determining the liability for the accident and the entitlement of the claimants to compensation.
Ratio Decidendi: The court upheld the Tribunal's findings based on the oral and documentary evidence presented, confirming the liability of the Transport Corporation and the District Health Society for the accident.
Final Decision: The court dismissed the appeals filed by the Transport Corporation, confirming the liability and compensation awarded by the Tribunal.
1. These appeals are taken up for final disposal at the time of admission itself.
2. The Civil Miscellaneous Appeals are filed by the Transport Corporation against the common Award and Decree made in MCOP Nos.93, 158 to 160, 162, 179 to 183 of 2010 dated 22.07.2010 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate) Erode.
3. Since these appeals arise out of the common accident and common award, they are taken up together and disposed of by a common judgment.
4.Background facts in a nutshell are as follows:-
The claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi met with motor vehicle accident that took place on 26.12.2008 at about 1.45p.m. The claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi were returning from Pannari Amman Temple at Sathyamangalam in a Maruthi Omni Van bearing registration No.TN-30-U-6474 03.02.2002. While they were nearing Essar Petrol Bunk, Arasur, a bus belonging to the appellant-Transport Corporation bearing registration No.TN-33-N-1826 driven by its driver, the 12th respondent herein, in a rash and negligent manner and hit the Omni van. Due to the said impact, the Omni van was capsized and the claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi (CMA.No.381 of 2011) were sustained multiple injuries all over the body. Immediately they were taken in the Government Mobile medical Team Ambulance bearing Registration No.TN-20-G-0591 belonging to the 14th respondent herein and driven by the 13th respondent herein in a rash and negligent manner and hit against the roadside tree at about 2.00p.m. Due to the same, the claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi (CMA.No.381 of 2011) were again sustained injuries. Immediately they were admitted in Government Hospital, Gobichettipalayam. The deceased Rajalakshmi @ Baby Rajalakshmi in CMA.No.381 of 2011 died in the hospital on the same day itself. The claimants in each appeal claimed compensation before the Tribunal as follows.
MCOP No.93 of 2010(CMA.No.373 of 2011) -Rs.2,00,000/-;
MCOP No.158 of 2010(CMA.No.374 of 2011) -Rs.2,00,000/-;
MCOP No.159 of 2010(CMA.No.375 of 2011) -Rs.1,50,000/-;
MCOP No.160 of 2010(CMA.No.376 of 2011) -Rs.1,50,000/-;
MCOP No.162 of 2010(CMA.No.377 of 2011) -Rs.1,00,000/-;
MCOP No.179 of 2010(CMA.No.378 of 2011 )-Rs.3,10,000/-;
MCOP No.180 of 2010(CMA.No.379 of 2011) -Rs.4,00,000/-;
MCOP No.181 of 2010(CMA.No.380 of 2011) -Rs.4,00,000/-;
MCOP No.182 of 2010(CMA.No.381 of 2011) -Rs.3,10,000/-;
MCOP No.183 of 2010(CMA.No.382 of 2011) -Rs.4,00,000/-
The appellant/Transport Corporation resisted the claims. On pleadings, the Tribunal framed the following issues in all the appeals:-
a) Who is responsible for the accident?
b) The claimants in all these petitions are entitled to any compensation?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the appellant-Transport Corporation, the 12th respondent and the driver of The District Health Society(14th respondent), who is the 13th respondent herein and awarded a compensation of Rs.21,800/- in MCOP No.93 of 2010(CMA.No.373 of 2011); Rs.30,450/- in MCOP No.158 of 2010(CMA.No.374 of 2011); Rs.55,710/- in MCOP No.159 of 2010(CMA.No.375 of 2011); Rs.15,170/- in MCOP No.160 of 2010 (CMA.No.376 of 2011); Rs.24,560/- in MCOP No.162 of 2010(CMA.No.377 of 2011); Rs.58,440/- in MCOP No.179 of 2010(CMA.No.378 of 2011); Rs.1,22,000/- in MCOP No.180 of 2010(CMA.No.379 of 2011); Rs.1,60,980 in MCOP No.181 of 2010 (CMA.No.380 of 2011); Rs.1,49,500/- in MCOP No.182 of 2010(CMA.No.381 of 2011); and Rs.87,000/- in MCOP No.183 of 2010(CMA.No.382 of 2011) with interest at 7.5% p.a. from the date of petition and further directed the appellant-Transport Corporation and the District Health Society, th
