The court upheld the Tribunal's compensation award of Rs. 1,13,81,664 for death in a motor accident, affirming negligence solely on the bus driver and proper calculation of damages.

JUDGMENT :

L.VICTORIA GOWRI, J. 

This Civil Miscellaneous Appeal is directed against the judgment and decree dated 05.03.2024 passed by the Motor Accident Claims Tribunal, Additional District and Sessions (Fast Track) Court, Palani, Dindigul District in M.C.O.P.No.227 of 2017, whereby the Tribunal awarded a total compensation of Rs.1,13,81,664/- (Rupees One Crore Thirteen Lakhs Eighty One Thousand Six Hundred and Sixty Four only) with interest at 7.5% per annum for the death of one T. Vivekananthan in a motor accident that occurred on 05.04.2010.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal, unless otherwise indicated.

Factual background:

The brief facts necessary for disposal of this appeal are as follows:

3. On 05.04.2010, at about 9.00 p.m., the deceased, T. Vivekananthan, was travelling from Krishnagiri to Hosur in a Tata Indigo car bearing registration No.KA-04-ME-9145 on the National Highway. The car was driven by his driver slowly, carefully and cautiously towards Hosur. When the vehicle proceeded near Samalpallam ‘U’ turn, a bus belonging to the Tamil Nadu State Transport Corporation, bearing registration No.TN-29-N-1892, came from the opposite direction at a high speed, hit the central median, crossed over to the opposite lane and dashed against the Tata Indigo car. Due to the impact, the deceased sustained multiple injuries and died on the spot.

4. At the time of accident, the deceased was stated to be aged about 45 years, hale and healthy, employed as Senior Zonal Manager in Coromandel International Limited, Bangalore, earning Rs.15,00,000/-(Rupees Fifteen Lakhs only) per annum and paying Rs.6,730/- (Rupees Six Thousand Seven Hundred and Thirty only) per month as income tax. The wife, daughter and mother of the deceased, claiming to be dependants, filed M.C.O.P.No.227 of 2017 under Section 166 of the Motor Vehicles Act , 1988, seeking a total compensation of Rs. 2,60,00,000/-, (Rupees Two Crores and Sixty Lakhs only) towards loss of dependency, loss of consortium, loss of love and affection, and other conventional heads.

5. The first respondent before the learned Tribunal, namely, the driver of the Corporation bus, did not contest the proceedings and was set ex parte. The second respondent before the learned Tribunal, namely, the Tamil Nadu State Transport Corporation (hereinafter referred to as “the Corporation”), contested the claim petition.

Pleadings before the tribunal:

6. In the counter filed by the Corporation, it was contended that the petition was not maintainable in law or on facts and that the petitioners were not entitled to any compensation from the Corporation. The Corporation denied the age, income, occupation of the deceased, dependency of the petitioners and the nature of the accident as pleaded in the claim petition, and put the petitioners to strict proof of each and every allegation.

7. It was the specific plea of the Corporation that while the bus bearing No.TN-29-N-1892 was proceeding from Hosur to Krishnagiri near Samalpallam Koot Road, a travels bus, in a rash manner, attempted to overtake and hit the front left side of the Corporation bus, causing the driver to get unnerved a