2018 Supreme(Mad) 2686
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, P.D. AUDIKESAVALU, JJ.
Mrs. Balamanohari, Rep. by Power Agent Rajalingam – Appellant
Versus
M/s. Sri Venkateswara College of Engineering Rep. by its Chairman – Respondent
Civil Miscellaneous Appeal Nos. 3130 of 2013, 630, 1018 of 2014 and Miscellaneous Petition Nos. 1 of 2013, 1 of 2014
Decided On : 27-04-2018
For the Appellant : Mr. K.S. Kumar.
For the Respondents: Mr. A.R.L. Sundaresan for Mrs. Ganthimathi, Mr. S. Thangasivam, Mr. S. Arunkumar.
Headnote:
Code of Civil Procedure, 1908 - Section 13 - Motor Vehicles Act, 1988 - Sections 149, 147, 163A, 50, 48, 177, 157, 66, 166, 2, 165, 168 and 174 – Accident - Liberty to Recover Compensation Amount - All these civil miscellaneous appeals arise out of judgment and decree passed on file of chief small causes judge/ motor accidents claims tribunal - By said decree and judgment tribunal awarded a sum as compensation payable to claimants 1 and 2 with proportionate costs and interest at rate payable by respondents 1 and 3 in claim petition - For sake of convenience parties to these appeals shall be referred to as per their litigative status as claimants and respondents and as arrayed filed by claimants - Claimants are parents of deceased according to claimants deceased was returning from his college to his house in his two wheeler bearing Registration along with his friend who was travelling as a pillion rider - When two wheeler driven by deceased was approaching near a petty shop adjacent to college bus bearing registration came in a rash and negligent manner being driven by its driver and hit two wheeler driven by deceased from behind – Held, We have already held that Tribunal has rightly given recovery rights to Insurance Company to recover compensation amount from first respondent as they are deemed to be principal owner of offending vehicle as per registration certificate as on date of accident at same time we cannot lose sight of fact that possession and control of offending vehicle vests with second respondent through legitimate means and who was in possession and control of vehicle in question at time of accident - Further it was established that students of second respondent college were travelling in bus at time of accident - Therefore we hold that first respondent is at liberty to recover compensation amount that may be recovered from them by Insurance Company from second respondent – Order Accordingly.
R. SUBBIAH, J.
1. All these Civil Miscellaneous Appeals arise out of the Judgment and Decree dated 20.03.2013 passed in MCOP No. 336 of 2007 on the file of Chief Small Causes Judge/ Motor Accidents Claims Tribunal, Chennai. By the said decree and Judgment dated 20.03.2013, the Tribunal awarded a sum of Rs. 17,10,000/- as compensation payable to the claimants 1 and 2 with proportionate costs and interest at the rate of 7.5% per annum payable by the respondents 1 and 3 in the Claim Petition.
2. For the sake of convenience, the parties to these appeals shall be referred to as per their litigative status as claimants and respondents in MCOP No. 336 of 2007 and as arrayed in CMA No. 3130 of 2013 filed by the claimants.
3. The claimants are the parents of the deceased Karthikeyan, According to the claimants, on 09.03.2006 at about 16.50 hours, the deceased was returning from his college to his house in his two wheeler bearing Registration No. TN-02-B-7652 along with his friend Jegan, who was travelling as a pillion rider. When the two wheeler driven by the deceased was approaching near a Petty shop adjacent to Nazareth College, Avadi, the bus bearing Registration No. TN-63-Z-5533 came in a rash and negligent manner being driven by its driver and hit the two wheeler driven by the deceased from behind. In the impact, the deceased was thrown out of the two wheeler and sustained grievous injuries. Even though the deceased was taken to a near by hospital, he was declared as brought dead to the hospital. According to the claimants, the first respondent Sri Venkateswara College of Engineering is the owner of the bus from whom the second respondent Vel Tech College of Engineering had hired the vehicle on contract basis and that the bus was insured with the third respondent Insurance Company. Therefore, according to the claimants, the respondents 1 to 3 are jointly and vicariously liable for the death of their son Karthikeyan. Thus, the claimants have filed the claim petition against the respondents claiming a compensation of Rs.1 crore.
4. The claim petition was resisted by the first respondent Sri Venkateswara College of Engineering by filing a counter affidavit. According to the first respondent, they are not necessary party to be impleaded in the Claim Petition inasmuch as the first respondent had transferred the ownership of the bus involved in the accident much prior to the accident on 22.10.2005 itself in favour of one Mr. S.P. Annamalai, a resident of No. 11, Prakasam Street, Vijayalakshmipuram, Ambattur, Chennai 600 053 and it was also informed to the competent registering authority on 22.10.2005 itself. On such intimation, the Regional Transport Authority has also cancelled the permit issued in favour of the first respondent for the vehicle in question by passing an order under Reg. B2/37690/2005 dated 07.10.2005. According to the first respondent, the claimants, without verifying the records and status of ownership of the vehicle in question, have filed the Claim Petition and therefore, they prayed for dismissal of the Claim Petition as against the first respondent.
5. The second respondent - Vel Tech College of Engineering filed a counter affidavit repudiating the averments made in the claim petition. According to the second respondent, before filing the Claim Petition, the claimants, through their counsel, have sent a notice dated 21.04.2006 demanding payment of compensation for which the second respondent had sent a suitable reply dated 24.05.2006 denying their liability to pay the compensation. It was further contended that the first respondent was the owner of the vehicle viz., Ashok Leyland bus bearing Registration No. TN-63-Z-5533, as on the date of accident and therefore, they ought not to have been impleaded as a party respondent to the claim petition. Therefore, the second respondent prayed for dismissal of the