1. Appeal against award in motor accident claims arising from collision between bus and car — Liability and contributory negligence disputed. (Para 5 , 7 )
Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
THE MANAGING DIRECTOR – Appellant
Versus
KASTHURI – Respondent
CMA(MD)No.1029 of 2021 | CMA(MD)No.1030 of 2021 | CMA(MD)No.1068 of 2021 | CMA(MD)No.1124 of 2021 | CMP(MD)No.9683 of 2021 | CMP(MD)No.9687 of 2021 | CMP(MD)No.10145 of 2021 | CMP(MD)No.10812 of 2021
1. Appeal against award in motor accident claims arising from collision between bus and car — Liability and contributory negligence disputed. (Para 5 , 7 )
2. Bus corporation disputed liability, alleging car driver's rashness; claimants attributed negligence to bus driver. (Para 8 , 9 , 12 )
3. Appeal partly allowed; compensation reduced by 35% for contributory negligence of deceased car driver; other appeals dismissed. (Para 26 , 27 )
A vehicle following must maintain a minimum safe distance of 10 feet; failure to do so and driving at high speed constitutes contributory negligence. (Para 21 , 22 )
No; criminal case registration does not preclude a finding of contributory negligence based on independent evidence and circumstances. (Para 19 , 20 , 21 )
The compensation amount is reduced proportionally by the percentage of negligence attributed to the deceased driver. (Para 24 , 25 )
COMMON JUDGMENT
(Common Judgment of the Court was made by the Hon'ble R.POORNIMA.J.
These Civil Miscellaneous Appeals are directed against the common award, dated 25.02.2021 passed in MCOP Nos.44 to 47 of 2019 by the Motor Accident Claims Tribunal/FTC Mahila Court/Additional District Judge, Karur.
2. The facts in brief:-
On 07.11.2018, the deceased Sivaram was driving a Car bearing registration no. TN-47-AF-4558 along with his wife Shalini, son Lakshan, brother Nirmalkumar and father Loganathan as occupants of the Car on the Trichy-Chennai NH-45. At about 06.50 am, when the Car was nearing Veppur Iyappa Polytechnic College, a Transport Corporation Bus bearing registration no. TN-32-N-2476 driven by its driver ahead of the Car in the same direction and without showing any signal or horn, suddenly turned the Bus towards its left side to go to Kallakurichi. In that process, the Bus dashed into the Car and as a result of which, Sivaram, Loganathan and Nirmal Kumar succumbed to injuries on the spot, whereas Shalini sustained injuries. Immediately, after the accident, Shalini was taken to the Government Hospital, Ulundhurpet and then shifted to the Apollo Hospital, Trichy. Thereafter, she was referred to Apollo Hospital, Chennai, where she took treatment for three months as an inpatient.
3.Over the occurrence, a case in Crime No.350 of 2018 was registered by the Veppur Police Station for the offences under Sections 279, 337 and 304(A) of IPC against the driver of the Tamil Nadu State Transport Corporation Bus.
4.At the time of the accident, the deceased Loganathan was aged about 59 years and was working as an Additional Special Personal Assistant to the Minister for Fisheries, Government of Tamil Nadu and earning Rs 1,40,000/- per month. Seeking compensation amount of Rs 75,00,000/-, the wife of the deceased Loganathan, filed the claim petition in MCOP No.44 of 2019 before the Motor Accident Claims Tribunal/FTC Mahila Court, Karur.
5.At the time of the accident, the deceased Nirmal Kumar was aged about 25 years and he was working as an Assistant Manager in M/s.Knowledge Lens Private Limited, Electronic City, Phase-I, Bangalore and earning Rs.52,000/- per month. Seeking compensation amount of Rs.1,00,00,000/-, the mother of the deceased Nirmal Kumar filed the claim petition in MCOP No.45 of 2019 before the Motor Accident Claims Tribunal/FTC Mahila Court, Karur.
6.At the time of the accident, the deceased Sivaram was aged about 28 years and he was a Shareholder-cum-Manager in M/s.Knowledge Lens Private Limited, Electronic City, Phase-I, Bangalore and earning Rs.3,00,000/-per month. Seeking compensation amount of Rs. 6,00,00,000/-, the wife, minor son and mother of the deceased Sivaram filed the claim petition in MCOP No.46 of 2019 before the Motor Accident Claims Tribunal/FTC Mahila Court, Karur.
7.Similarly, at the time of the accident, the petitioner in MCOP No.47 of 2019 was aged about 26 years and was working as a Consultant in M/s.Knowledge Lens Private Limited, Electronic City, Phase-I, Bangalore and was earning Rs.25,000/- per month and for the injuries sustained by her in the accident, she filed the claim petition seeking compensation of Rs.40,00,000/-.
8.The 1st respondent Transport Corporation filed a counter disputing the manner of the accident and their liability to pay the compensation. That apart, they also disputed the age, occupation and income of the deceased and the injured. It is the further contention of the Transport Corporation that the occurrence took place because of the rash and negligent driving on the part of the Car driver; he without minding the traffic regulations, invited the accident. So, the driver of the car is only responsible.
9.The 2nd respondent Insurance Company filed a separate counter contending that the accident occurred only due to the negligent driving of the driver of the Transport Corporation Bus and he is solely responsible for the accident and therefore, they are not liable to pay any compensation
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