Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
Tamil Nadu State Transport Corporation Limited, rep. through the Managing Director – Appellant
Versus
Suganya – Respondent
JUDGMENT :
(S. SOUNTHAR, J.)
These two civil miscellaneous appeals are filed against the award passed by the Tribunal in MCOP No.391 of 2016, dated 06.02.2020.
2. Since both the appeals have arisen out of the same accident, these appeals are taken up for hearing together.
3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
4. It is the case of the claimants that the husband of the first claimant and son of the claimants 2 and 3 namely Prabakaran died in a road accident that had occurred on 30.03.2016. According to the claimants, the deceased was riding a two wheeler on Walajah - Sholinghur Road in a careful manner and while he was standing behind the lorry, belonging to the second respondent and insured with the third respondent, opposite to the Assistant Primary Education Office, a bus belonging to the first respondent Corporation came in a rash and negligent manner and dashed against the two wheeler. As a result of accident, the said Prabakaran received multiple injuries and died on the way to hospital. Therefore, the claimants preferred a claim petition seeking compensation of Rs.75,00,000/- before the Tribunal.
5. The first respondent
The court clarified negligence apportionment in a vehicular accident, determining primary liability lay with the bus driver at 80% and contributing negligence of the lorry driver at 20%.
Contributory negligence was established, leading to the apportionment of 50% contributory negligence on each driver.
The court ruled that the bus driver was solely responsible for the accident due to rash and negligent driving, and the insurance company was not liable for compensation.
In cases of joint tortfeasors, apportionment of negligence cannot be assessed without all parties present, as each can be held liable for entire damages.
The court established that in cases of joint liability, the principle of contributory negligence applies, allowing for allocation of compensation based on percentage of fault by each party involved.
There is nothing sufficient enough to interfere in the order passed in M.C.O.P. on the file of Motor Accidents Claims Tribunal
The appellant's failure to provide sufficient evidence and the deposit of the entire award amount indicated a lack of grounds for challenge, leading to the confirmation of the compensation awarded by....
The main legal point established is the determination of negligence in a motor vehicle accident and the reasonableness of compensation awarded based on the deceased's income and personal expenses.
The court adjusted the contributory negligence ratio to 40% for the deceased and enhanced the compensation to Rs.13,70,000/- based on notional income and applicable multiplier.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
