The main legal point established in the judgment is the determination of negligence in a motor accident case and the calculation of compensation under the Motor Vehicles Act.

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri.)

1. The matter is heard through “Video Conferencing”.

2. This Civil Miscellaneous Appeal has been filed against the award dated 12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri.

3. The appellant is the respondent in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri. The respondents filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation for the death of one Duraisamy, who died in the accident that took place on 10.05.2018.

4. According to respondents, on 10.05.2018 at about 04.00 P.M., while the deceased was riding his TVS Wego motorcycle bearing Registartion No.TN 29 BD 3161 on Dharmapuri - Salem Nethaji Bye Pass Road towards Dharmapuri Collectorate near State Bank of India, Dharmapuri, the driver of the bus belonging to appellant, drove the bus in a rash and negligent manner and dashed behind the motorcycle rode by the deceased and caused the accident. In the accident, the front tyre of the bus ran over the deceased and the said Duraisamy sustained multiple grievous injuries all over his body. Immediately after the accident, the said Duraisamy was taken to Government Hospital, Dharmapuri. The Doctors examined the said Duraisamy and declared that he was already dead. Therefore, the respondents filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation against the appellant-Transport Corporation.

5. The appellant-Transport Corporation filed counter statement and denied all the averments made by the respondents. According to the appellant, the driver of the bus drove the same very slowly, carefully, without any negligence and rashness. The deceased only rode his motorcycle without observing the traffic rules and overtook the bus belonging to appellant very closely to the centre median divider and on seeing the unknown two wheeler which was coming from the opposite direction, the deceased turned his two wheeler suddenly to his left side and applied sudden brake to avoid the accident. But his motorcycle got twisted and the said Duraisamy fell down in front of the right wheel of the bus. The driver of the bus on seeing the motorcyclist coming from the opposite direction wrongly in front of the deceased, applied sudden brake and turned the bus to the extreme left side of the road. Eventhough the driver of the bus belonging to appellant drove the bus carefully by observing the traffic rules by sounding horn, the said Duraisamy fell down on the front right wheel of the bus and invited the accident. Therefore, the accident has occurred only due to negligence on the part of the deceased and also he was not wearing helmet at the time of accident. Hence, the appellant is not liable to pay any compensation to the respondents. The respondents have to prove the age, avocation and income of the deceased by producing valid documents. In any event, the quantum of compensation claimed by the respondents is highly excessive and prayed for dismissal of the claim petition.

6. Before the Tribunal, the 1st respondent examined herself as P.W.1 and one Singaravelan, eyewitness to the accident was examined as P.W.2 and 15 documents were marked as Exs.P1 to P15. On behalf of the appellant, one Saravanakumar, driver of the bus belonging to appellant-Transport Corporation was examined as R.W.1 and no documentary evidence was let in.

7. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the bus belonging to appellant-Transport Corporation and directed the appellant to pay a sum of Rs.13,92,000/- as com