The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.

JUDGMENT

(Prayers: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 27.09.2019, made in M.C.O.P. No.8 of 2017, on the file of the Principal Special Sub Judge, Special Court under E.C. & NDPS Act, (Motor Accident Claims Tribunal) Chennai.

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 27.09.2019, made in M.C.O.P. No.8 of 2017, on the file of the Principal Special Sub Judge, Special Court under E.C. & NDPS Act, (Motor Accident Claims Tribunal) Chennai.)

Common Judgment:

V.M. Velumani, J.

1. These Civil Miscellaneous Appeals have been filed against the judgment and decree dated 27.09.2019, made in M.C.O.P. No.8 of 2017, on the file of the Principal Special Sub Judge, Special Court under E.C. & NDPS Act, (Motor Accident Claims Tribunal) Chennai.

2. Both the appeals arise out of same accident and same award and hence, disposed of by this common judgment.

3. The parties are referred to as per their ranks in the claim petition, for the sake of convenience.

4. The claimants filed M.C.O.P. No.8 of 2017, on the file of the Principal Special Sub Judge, Special Court under E.C. & NDPS Act, (Motor Accident Claims Tribunal) Chennai, claiming a sum of Rs.1,25,00,000/- as compensation for the death of one V.Prakasam who died in the accident that took place on 07.09.2016.

5. According to the claimants, on the date of accident, at about 13.50 hrs., when the said Prakasam was travelling in a Motorcycle bearing Registration No.TN-07-BH-6096 as a pillion rider, from South towards North direction at ECR Road, in front of Mayajal Theatre, Kanathur, the driver of the Bus, bearing Registration No.TN-21-N-1432 owned by the respondent- Transport Corporation, drove the same in a rash and negligent manner endangering to the public safety and hit behind the Motorcycle in which the deceased travelled and caused the accident. In the accident, the said V.Prakasam sustained fatal injuries and died on the spot. The accident occurred only due to rash and negligent driving by the driver of the Bus owned by the respondent-Transport Corporation and hence, the claimants filed the said claim petition claiming compensation for the death of V.Prakasam, against the respondent, owner of the said Bus.

6. The respondent-Transport Corporation filed counter statement and denied all the averments made by the claimants. According to the respondent, the driver of their Bus drove the vehicle with due care and caution, observing all the traffic rules and he was not rash and negligent at the time of accident. On the other hand, the accident occurred only due to the negligent riding by the rider of the Motorcycle in which deceased V.Prakasam travelled as a pillion rider. Hence, the respondent is not liable to pay any compensation to the claimants. The claim petition is bad for non-joinder of owner and insurer of the Motorcycle in which the deceased V.Prakasam travelled. In any event, the claimants also have to prove the age, avocation and income of the deceased to claim compensation and prayed for dismissal of the claim petition.

7. Before the Tribunal, the claimants examined 4 witnesses as P.W.1 to P.W.4 and marked 30 documents as Exs.P1 to P30. The respondent-Transport Corporation examined two witnesses as R.W.1 and R.W.2, but did not mark any document.

8. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to the negligence of both the rider of the Motorcycle in which the deceased traveled as a pillion rider as well as the driver of the Bus owned by the respondent-Transport Corporation and fixed 50% negligence on both the drivers. The Tribunal awarded a sum of Rs.19,25,000/- as compensation to the claimants and directed the respondent- Transport Corporation to pay a sum of Rs.9,6