The main legal point established in the judgment is the determination of liability for a motor vehicle accident and the principles governing the calculation of compensation under the Motor Vehicles Act, 1988.

JUDGMENT :

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 03.02.2016, made in M.C.O.P. No.195 of 2014, on the file of the District Court, (Motor Accident Claims Tribunal), Karaikal.

1. This Civil Miscellaneous Appeal has been filed by the appellant- Transport Corporation to set aside the judgment and decree dated 03.02.2016, made in M.C.O.P. No.195 of 2014, on the file of the District Court, (Motor Accident Claims Tribunal), Karaikal.

2. The appellant is the 2nd respondent in M.C.O.P. No.195 of 2014, on the file of the District Court, (Motor Accident Claims Tribunal), Karaikal. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.50,00,000/- as compensation for the injuries sustained by her in the accident that took place on 26.08.2012.

3. According to the 1st respondent, on the date of accident, when she was traveling in a Hyundai Car bearing Registration No.TN-07-BD-3210 to Airport, Chennai, along with her husband and two minor grand children, driven by its driver from South to North direction on the extreme left side, near Salavathy Village at NH 45 Road between Tindivanam and Chennai, the 2nd respondent/driver of a Bus bearing Registration No.TN-32-N-3269 belonging to the appellant-Transport Corporation drove the same in a hectic speed from the opposite direction and hit against the Car near college bye pass Kootroad and caused the accident. Due to the heavy impact, both the Car as well as the Bus started burning. The Car driver and some passengers from the Bus jumped out of the vehicle and by using the available water tried to put off the fire, but they could not succeed. The husband of the 1st respondent, who was sitting in the front seat of the Car was charred to death and the 1st respondent sustained several bone fracture, crush injury on lower jaw, injuries on her right hand, left leg and lost her left eye vision. The accident occurred only due to rash and negligent driving by the 2nd respondent, driver of the Bus belonging to the appellant. Hence, the 1st respondent filed the claim petition claiming compensation against the 2nd respondent as driver and appellant as owner of the offending vehicle.

4. The appellant-Transport Corporation, filed separate counter statements with identical facts and denied all the averments made by the 1st respondent in the claim petition. According to the appellant and 2nd respondent, on the date of accident, the 2nd respondent drove the Bus bearing Registration No.TN-32-N-3269 in the NH-45 road between Thindivanam to Chennai, very slowly and carefully. The above NH 45 road is a 4 way track and all the incoming and outgoing vehicles were following traffic rules and regulations. At mid night, when the 2nd respondent drove the Bus near Salavathi Village, a Hyundai Car bearing Registration No.TN-07-BD-3210 came from opposite direction in a hectic speed without following traffic rules and the driver of the Car without seeing the 4 way track at the junction of 4 road, suddenly crossed the road. Though the 2nd respondent applied break, the Car dashed the Bus and thus the accident occurred. Since the Hyundai Car is a petrol vehicle, due to the immediate crush, the petrol tank burst and both the Car and Bus got fired. The accident occurred only due to negligent driving by unexperienced driver of the Car. The 2nd respondent/driver of the Bus is an experienced driver. At the time of accident, the driver of the Car did not possess valid driving license. The Motor Vehicle Inspector has stated in the Accident Inspection Report that the Car has been completely burnt and R.C. Book and other particulars of the Car were not produced. The 1st respondent has to prove that no claim is made before other forum. In any event, the claim petition is bad for non-joinder of owner and insurer of the Car i