The main legal point established is the determination of contributory negligence in a fatal accident and its impact on the computation of compensation.

JUDGMENT :

(Prayer in C.M.A.No.1379 of 2015 : Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decrial order dated 28.02.2014 passed in M.C.O.P.No.2322 of 2011 by the learned Chief Judge of Small Causes Court, Motor Accident Claims Tribunal, Chennai.

In Cross Objection No.35 of 2019: Cross Objection has been filed under Order 41 Rule 22 of the Civil Procedure Code praying to enhance the compensation awarded to the claimant, the appellants/respondents.)

(The case has been heard through Video conference)

1. The appeal and cross objection are in respect of the award passed by Motor Accident Claims Tribunal, Chennai. Aggrieved with the quantum of award, the civil miscellaneous appeal is filed by the transport corporation challenging it as excessive. Whereas the cross objection is by the claimants for enhancement of compensation.

2. On 05/10/2008, at about 19.30 hrs, the deceased C.P.Sajeev while traveling in the motorcycle bearing registration No.KL 8 X 4968 along with his friend Deepin Simon near LB Road, Adayar, the transport corporation bus bearing registration No.TN 01 N 3099 dashed the motorcycle from behind. In the said impact, the motorcycle of the deceased, rammed into another bus of the transport corporation which was stationed in front of the motorcycle. Due to this, the rider as well as the pillion rider sustained multiple injuries and succumbed to the injuries.

3. Criminal case was registered against the bus driver for offence under Sections 279, 337 and 304 A IPC (two counts). Alleging negligence and rash driving against the bus driver a claim petition was filed jointly by the parents and elder brother of the deceased. As far as quantum of compensation is concerned, it was claimed that the deceased was working as Territory Leader in CEAT Limited earning Rs.35,000/- per month. He was 27 years old bachelor at the time of accident. Hence, compensation of Rs.50,00,000/- was sought.

4. The claim petition was contested by the Transport Corporation mainly on the ground that the accident occurred due to the negligence of the deceased. The respondent bus driver was driving the bus very slowly on the L.B. Road as there was ongoing construction of centre media and traffic congestion. Near Adyar Mosque the deceased along with the pillion rider over took the bus in a rash and speedy on the right side and attempted to pass through the narrow gap between the respondent bus route No.M 5 and another bus route No.5E (deluxe). In that process, the motor cyclist bearing Registration No. KL 8 X 4698 dashed the rear side of the Route 5E bus voluntarily. He lost his balance and collided with bus route No.M5 thereby invited the accident. Hence, the motorcycle rider alone is wholly responsible for the accident as he recklessly negotiated through the narrow gap between two buses.

5. Before the Tribunal, the claimants examined 3 witnesses and relied upon 14 documents. The respondent transport corporation examined the bus driver to prove his innocence.

6. The Tribunal fixed negligence on the bus driver, rejecting the witness of the bus driver as interested witness and accepted the evidence of PW-2, as the independent eye witness. Based on the date of birth (21.02.1981) shown in the transfer certificate Ex.P-1, the age of the deceased was fixed as 27 years. The pay particulars and wage slips issued by CEAT Limited were taken into consideration for fixing his income. After excluding the Management supplement of Rs.6500/- which is a variable given for the personal benefit of the deceased employee, the Tribunal took into account the basic pay Rs.8,960/- and personal pay Rs.14,460/- and fixed the income as Rs.23,420/- per month. After deduction 20% for income tax and 50% for the personal expenditure of the deceased, the Tribunal applied the multiplicand ''17'' to compute the loss of income. In all, a total sum of Rs.19,51,072/- with interest at the rate of 7.5% p.a., was awarded as compensation