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2012 Supreme(Mad) 3747
High Court of Judicature at Madras
R. BANUMATHI & R. SUBBIAH
Managing Director, Tamil Nadu State Express Transport Corporation Ltd. & Others
Versus
C. Uma Maheswari & Others
Civil Miscellaneous Appeal Nos.101 and 124 of 2010 & 398 of 2011
Decided On : 04-09-2012
For the Appellants:A. Babu, Advocate.
For the Respondents:R1 to R4 - M. Swamikannu, R5 - S. Natanarajan, R6 - S. Arunkumar, Advocates.
The main legal point established in the judgment is the application of contributory negligence in determining liability and compensation in a motor accident case.
Headnote:
Motor Accidents - Common Award - Motor Vehicles Act, 1988, Section 166 - The judgment discusses the liability of the Transport Corporation and the insurance company in a motor accident case. It highlights the interpretation of contributory negligence and the assessment of compensation under various heads.
Fact of the Case:
The case involved a motor accident on a national highway resulting in the death of occupants in a car. The claimants filed petitions for compensation against the Transport Corporation and the insurance company. The Tribunal held the driver of the Transport Corporation bus solely responsible for the accident.
Finding of the Court:
The court found that there was contributory negligence on the part of both drivers and directed the Transport Corporation and the insurance company to pay 50% of the compensation each. The court also modified the compensation awarded by the Tribunal under different heads.
Issues: The main issue was the determination of liability and compensation in a motor accident case involving contributory negligence.
Ratio Decidendi: The court held that there was contributory negligence on the part of both drivers, leading to a 50% liability on each party. The court also modified the compensation awarded by the Tribunal under different heads based on the evidence presented.
Final Decision: The court partly allowed one appeal, dismissed another, and directed the Transport Corporation and the insurance company to pay 50% of the compensation each with proportionate accrued interest. The court also provided specific instructions for the distribution and investment of the compensation.
R.SUBBIAH, J.,
1. C.M.A.Nos.101 and 124 of 2010 and C.M.A.No.398 of 2011 arise out of a common award (30.06.2009) passed by the Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai, in M.C.O.P.Nos. 3479 and 2597 of 2000 respectively along with other three claim petitions, namely, M.C.O.P.Nos.4536, 4582 of 2000 and 5010 of 2003.
C.M.A.No.101 of 2010 has been filed by Tamil Nadu State Express Transport Corporation against the award passed in M.C.O.P.No.3479 of 2000.
C.M.A.No.124 of 2010 has been filed by Claimants in M.C.O.P.No.3479 of 2000 for enhancement of compensation.
C.M.A.No.398 of 2011 has been filed by the Tamil Nadu State Express Transport Corporation against the award passed in M.C.O.P.No.2597 of 2000.
Since all these appeals arise out of a common award, these appeals are also disposed of by a common judgment.
2. Brief facts are as follows:
On 16.04.2000 at about 4.45 Hours, one P.Chandrasekaran along with others including one Madhukumar were travelling from South to North on Chennai-Trichy National Highways from Sabarimala in a Maruti Car bearing registration No.TN-02-H-8051, which was driven in a very high speed and in a rash and negligent manner. When the car was proceeding near Tholudur at Karunkuttai Village, a bus bearing registration No.TN-01-N-6651 belonging to State Transport Corporation came from the opposite direction in a rash and negligent manner on the wrong side of the road and hit the Maruti car and thus, caused the accident, in which, the Maruti Car got heavily damaged and all the occupants of the Maruti Car including the driver died on the spot. Immediately, the driver of the bus lodged a complaint to Mangalamedu Police Station. Legal heirs of deceased Chandrasekaran filed M.C.O.P.No.3479 of 2000 claiming Rs.1,06,00,000/-as compensation against the owner as well as the insurer of the car and the State Transport Corporation. Similarly, the legal heirs of deceased Madhukumar filed M.C.O.P.No.2597 of 2000 claiming Rs.20,00,000/-as compensation against the State Transport Corporation. Legal heirs of other deceased persons have also filed claim petitions before the Tribunal.
3. Though the claimants have stated in their respective claim petitions that the accident is the result of rash and negligent driving of the driver of the bus, the same was denied by the Transport Corporation in their counter, In fact, the Transport Corporation has also filed a claim petition in M.C.O.P.No.5010 of 2003 against the owner as well as the insurer of the car, claiming compensation towards the damages caused to the bus in the accident.
4. Before the Tribunal, totally 9 witnesses were examined as P.Ws.1 to 9 and 29 documents were marked as Exs.P-1 to P-29 and on the side of insurance company, one witness was examined as R.W.1 and two documents were marked as Exs.R-1 and R-2. The Tribunal, after analysing the entire evidence both oral and documentary, held that the accident had occurred due to rash and negligent driving of the driver of the Transport Corporation bus alone and thus, passed a common award against the Transport Corporation, exonerating the insurance company, who is the insurer of the car in question, from paying compensation amount. Aggrieved over the said finding, Transport Corporation filed two appeals in C.M.A.Nos.101 of 2010 (against the award passed in MCOP No.3479 of 2000 filed by legal heirs of deceased Chandrasekaran) and 398 of 2011 (against the award passed in MCOP.No.2597 of 2000 filed by legal heirs of deceased Madhukumar). Being dissatisfied with the compensation awarded by the Tribunal, claimants in MCOP.No.3479 of 2000 filed C.M.A.No.124 of 2010 for enhancement of compensation.
5. It is the main submission of the Appellant Transport Corporation that the first information report Ex.P-7 was lodged only as against the driver of Maruti car bearing registration No.TN-02-H-8051. Since the driver of Maruti Car died in the accident, the first information report was s
