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2015 Supreme(Mad) 3737

IN THE HIGH COURT OF MADRAS
S. MANIKUMAR, M. VENUGOPAL, JJ.
Managing Director, Tamil Nadu State Transport Corporation Kum Ltd. - Appellant
Versus
Nagamalli - Respondent
C.M.A. No. 2257 of 2015 and M.P.No.1 of 2015
Decided On : 01-12-2015

Advocates Appeared:
For the Appellant :Mr. D. Venkatachalam, Advocate.
For the Respondent:Mr. F. Terry Chellaraja, Advocate.

Headnote:

Criminal Procedure Code,1973 - Section 340 - Motor Accident Claims - Negligence on the driver - Quantum of compensation - Legal representatives -When was riding a two wheeler, bearing Registration No. at ECR, H, a State Transport Corporation bus, bearing Registration No. driven by its driver in a rash and negligent manner, dashed against two-wheeler, causing fatal injuries and he died on same day - In this regard, a case in Cr.No. has been registered against driver of bus, on file of Police Station, Kancheepuram District - State Transport Corporation, , in its counter affidavit has denied manner of accident - They submitted that accident occurred only due to rash and negligent act of rider of Motorcyclist - Hence, they submitted that owner and insurer of two-wheeler ought to have been impleaded as party respondents in claim petition and for above said reasons, disputed negligence and consequently their liability to pay compensation - Without prejudice to above, Corporation has disputed age, avocation and income of deceased and compensation claimed under various heads - as PW.1 and reiterated averments made in claim petition - Held, Learned counsel appearing for appellants that what was done by PW.1 or PW.3, as case may be, is only a mistake and that same be condoned, cannot be accepted - As Tribunal has failed to advert to aspects in terms of Section 340 Cr.P.C., and since a preliminary enquiry is required to be conducted by Tribunal, in accordance with procedure contemplated in Section 340 Cr.P.C., before referring matter to Court of competent Criminal jurisdiction, while re-assessing quantum of compensation and reducing same in appeal, Court direct learned IVth Judge, Small Causes Court - Appellant-Transport Corporation is directed to deposit amount, now determined by this Court, with proportionate accrued interest and costs after deducting statutory deposit to credit of M.C.O.P.No. on file of IVth Judge, Small Causes Court Motor Accidents Claims Tribunal, within a period of four (4) weeks from date of receipt of a copy of this order - Consequently, connected Miscellaneous Petition is also closed - Civil Miscellaneous Appeal is partly allowed

JUDGMENT :

S. MANIKUMAR, J.

1. Being aggrieved by the finding, fixing negligence on the driver of the Tamil Nadu State Transport Corporation bus, bearing Registration No. TN 68 N 0328 and the quantum of compensation of Rs. 29,77,000/-, with interest, at the rate of 7.5% per annum, from the date of claim, till deposit, awarded to the legal representatives of the deceased in M.C.O.P.No.2088 of 2013, dated 22.12.2014, on the file of the Motor Accident Claims Tribunal (IV Court of Small Causes), Chennai, the Tamil Nadu State Transport Corporation has filed this appeal.

2. Material on record and the impugned judgment shows that on 27.01.2013, about 12.30 Hours, when Mr. Damodharan, was riding a two wheeler, bearing Registration No. TN 19 H 4694, at ECR, Hajjiya Nagar, Pudupattinam, a Tamil Nadu State Transport Corporation bus, bearing Registration No. TN 68 N 0328, driven by its driver, in a rash and negligent manner, dashed against the two-wheeler, causing fatal injuries and he died on the same day. In this regard, a case in Cr.No.17 of 2013, has been registered against the driver of the bus, on the file of Kalpakkam Police Station, Kancheepuram District. Contending inter-alia that the deceased was working as a Plumber in Satyabama University and earned Rs. 15,000/- per month, wife and parents, claimed compensation of Rs. 40,00,000/-.

3. The Tamil Nadu State Transport Corporation, Kumbakonam, in its counter affidavit, has denied the manner of accident. They submitted that the accident occurred only due to rash and negligent act of the rider of the Motorcyclist. Hence, they submitted that owner and insurer of the two-wheeler ought to have been impleaded as party respondents in the claim petition and for the above said reasons, disputed negligence and consequently, their liability to pay compensation. Without prejudice to the above, the Corporation has disputed the age, avocation and income of the deceased and the compensation claimed under various heads.

4. Before the Claims Tribunal, wife examined herself as PW.1 and reiterated the averments made in the claim petition. PW.2 is stated to have witnessed the accident. PW.3, Mr. Nagaraj, is stated to be the Manager in Sathyabama University, under whom, the deceased was claimed to have worked as Plumber. Documents, Ex.P1-FIR, Ex.P2-Postmortem Certificate, Ex.P3-Charge Sheet, Ex.P4-Sketch, Ex.P5-Legal Heir Certificate, Ex.P6-Pay Slip, Ex.P7-Identity Card, Ex.P8-Diploma Certificate, Ex.P9-Educational Qualification Certificate, Ex.P10-Sports Certificate, Ex.P11-Original employment office registration card, Ex.P12-Service Certificate and Ex.P13-Identity Card of PW.2, have been marked, on behalf of the respondents/claimants. RW.1, is the driver of the Tamil Nadu State Transport Corporation bus. No document has been marked.

5. Evaluating the pleadings and evidence, the Claims Tribunal, fixed negligence on the driver of the Tamil Nadu State Transport Corporation bus, bearing Registration No. TN 68 N 0328 and computed the overall compensation as Rs. 29,77,000/-, with interest, at the rate of 7.5% per annum, from the date of claim, till realisation, as hereunder:

Loss of Dependency

: Rs. 26,56,000/-

Loss of Consortium

: Rs. 1,00,000/-

Loss of Love and Affection

: Rs. 2,00,000/-

Funeral Expenses

: Rs. 25,000/-

Total

: Rs. 29,77,000/-

6. Assailing the correctness of the judgment, Mr. D. Venkatachalam, learned counsel appearing for the appellant-Transport Corporation submitted that the Claims Tribunal ought not to have considered the evidence of PW.1, wife of the deceased, an interested witness. He further submitted that the evidence of PW.2, has not been corroborated by any other witness. According to him, mere registration of crime, against the driver of the Transport Corporation bus, is not sufficient to hold him negligent.

7. It is also t











































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