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2017 Supreme(Mad) 1163
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T.S. SIVAGNANAM & P. VELMURUGAN, JJ.
The Tamil Nadu State Transport Corporation Limited - Appellant
Vs.
V. Venkataragavan & Ors. - Respondents
C.M.A.(MD)Nos.46 of 2013 , 47 and 49 of 2013 and M.P.(MD)Nos.1, 1 and 1 of 2013
Decided On : 05-06-2017
For the Appellant : Mr. P. Prabhakaran.
For the Respondents: Mr. T. Selvakumaran.
The main legal point established in the judgment is the determination of negligence and liability in a motor accident case, as well as the assessment and modification of the quantum of compensation.
Headnote:
Motor Accident - Negligence and Liability - Motor Vehicles Act, 1988, Sections 279, 337, 304-A IPC - The court discussed the negligence aspects and found the accident occurred due to the rash and negligent driving of the State Transport Corporation bus. The court also considered the quantum of compensation and made modifications to the awards passed by the Tribunal.
Fact of the Case:
The case involved three separate claims related to a motor accident. The claimants sought compensation for the death of family members and damages to a vehicle due to a collision with a State Transport Corporation bus.
Finding of the Court:
The court confirmed the findings of the Tribunal regarding negligence and liability, but modified the quantum of compensation awarded by the Tribunal.
Issues: The issues included determining the cause of the accident, assessing the quantum of compensation, and deciding on the liability of the State Transport Corporation.
Ratio Decidendi: The court found that the accident occurred due to the rash and negligent driving of the State Transport Corporation bus. It also considered the evidence related to the quantum of compensation and made modifications to the awards passed by the Tribunal.
Final Decision: The court partly allowed two appeals, dismissed one appeal, and directed the appellant Transport Corporation to deposit the modified compensation amount along with interest and costs. The first claimant was permitted to withdraw the deposited amount.
P. VELMURUGAN, J.
These Civil Miscellaneous Appeals in C.M.A.(MD)Nos.46, 47 and 49 of 2013 have been filed by the appellant/first respondent, against the common judgment and decree dated 27.02.2012 in M.C.O.P.Nos.782, 781 and 981 of 2010 respectively, on the file of the Motor Accident Claims Tribunal / I Additional District Court, Tirunelveli.
2. Since the issue involved in these appeals is one and the same, they are heard together and disposed of by this common Judgment.
3. For the sake of convenience, the parties are referred to according to their litigative status before the Tribunal.
4. The case of the claimants in M.C.O.P.No.782 of 2010 before the Tribunal, as per the Claim petition is that, on 05.05.2010, the deceased along with his family members were returning from Virudhunagar towards Kadayam in the second respondent's Ambassador Car bearing Registration No.TN-76-B-9909. When the Ambassador Car was nearing Gangaikondan Petrol Bunk on Madurai - Tirunelveli National Highways at 1.15 p.m., the Tamilnadu State Transport Corporation bus belonging to the first respondent Transport Corporation, bearing Registration No.TN-29-N-0989 came from the opposite direction in a rash and negligent manner without observing the traffic rules and regulations and dashed against the Ambassador car. As a result of which, Hema @ Karpagam sustained multiple injuries all over her body and immediately she was taken to Tirunelveli Medical College Hospital, Tirunelveli, in an Ambulance, but she died on the way to hospital. The accident occurred due to rash and negligent driving of the driver of the first respondent. The deceased was a house wife. Due to the accident, the first claimant lost his wife and the second claimant lost her mother and the third and fourth claimants lost their daughter. Therefore, the first respondent is liable to pay a sum of Rs.50,00,000/- as compensation to the claimants.
5. The case of the claimants in M.C.O.P.No.781 of 2010, before the Tribunal, as per the Claim petition is that, on 05.05.2010, the deceased along with his family members were returning from Virudhunagar towards Kadayam in the second respondent's Ambassador Car bearing Registration No.TN-76-B-9909. When the Ambassador car was nearing Gangai Kondan Petrol Bunk on Madurai - Tirunelveli National Highways at 1.15 p.m., the Tamil Nadu State Transport Corporation bus belonging to the first respondent bearing Registration No.TN-29-N-0989 came from the opposite direction in a rash and negligent manner without observing the traffic rules and regulations and dashed against the Ambassador car. As a result of which one S. Varadarajan sustained multiple injuries all over his body and immediately was rushed to Tirunelveli Medical College Hospital, Tirunelveli, in an Ambulance, but he died on the way to hospital. The Gangaikondan Police have registered a case against the driver of the first respondent in Crime No.51 of 2010 under Sections 279, 337 and 304-A IPC and the same is pending. The first claimant is the wife of the deceased. The second and third claimants are sons of the deceased. At the time of accident, the deceased was 73 years old. He was a retired Railway employee and was receiving a monthly pension of Rs.9,000/-. Therefore, the first respondent is liable to pay a sum of Rs.10,00,000/- by way of compensation to the claimants.
6. One S. Shanmugam, owner of the Ambassador Car, has filed the claim petition in M.C.O.P. No. 981 of 2010 before the Tribunal. The case of the claimant as per the Claim petition is that, on 05.05.2010, when the driver of the petitioner was driving his Ambassador Car bearing Registration No.TN-76- B-9909 carefully and slowly. When the Ambassador car was nearing Gangaikondan Petrol Bunk on Madurai - Tirunelveli National Highways, at 1.15 p.m., the Transport Corporation bus bearing Registration No.TN-29-N-0989 came from opposite
