Negligence of the bus driver established liability for the accident leading to compensation awarded to the claimants.

JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the Appellant/Transport Corporation praying to set aside the Judgment and Decree dated 16.02.2024 in M.C.O.P.No.863 of 2021 passed by the learned Chief Judge, Motor Accident Claims Tribunal (Court of Small Causes), Chennai.

2. The brief facts of the case are as follows:

On 30.11.2020, at 1.30 p.m., while one Mr.Girijesh (deceased) was travelling as a pillion rider in a Yamaha R15 motorcycle bearing Registration No.TN 09 BS 8158, an unknown car hit the motocycle in which the said Girijesh was travelling and thus, he fell down on the road, at that time, the left rear wheel of the MTC Bus bearing Registration No.TN 01 AN 3900 which was driven by its driver in a rash and negligent manner, ran over the said Girijesh (deceased), as a result of which, Girijesh (deceased) had sustained fatal injuries and died on the spot. Hence, the respondents/claimants (parents of the deceased Girijesh) had filed a Claim Petition against the appellant/Transport Corporation, claiming a sum of Rs.49,00,000/- as compensation for the death of their son.

3. The appellant/Transport Corporation had filed its counter statement denying all the averments made by the respondents/claimants in the Claim Petition.

4. Before the Tribunal, on the side of claimants, 1^st respondent (father of the deceased) examined himself as P.W.1 and one Mr.R.Lakshmanan was examined as P.W.2 and 18 documents were marked as Exs.P1 to P18. On the side of Transport Corporation, Mr.P.B.Arumugam (driver of the appellant bus) was examined as witness and 3 documents were marked as Exs.R1 to R3.

5. On appreciation of the oral and documentary evidence, the Tribunal arrived at the finding that the accident had occurred due to the rash and negligent driving of the driver who drove the bus of appellant/Transport Corporation.

6. The Tribunal has awarded a sum of Rs.23,88,000/- as compensation to the respondents/claimants. The break-up details of the compensation awarded by the Tribunal are as follows:

7. The Tribunal vide Order dated 16.02.2024, partly allowed M.C.O.P.No.863 of 2021 and directed the appellant/Transport Corporation to pay a sum of Rs.23,88,000/- as compensation to the respondents/claimants, with proportionate cost and interest at 7.5% per annum from the date of claim petition till the date of realization in full, excluding the default period, if any.

8. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant/Transport Corporation has preferred this Civil Miscellaneous Appeal before this Court.

9. The learned counsel for the appellant/Transport Corporation submitted that R.W.1 (driver of the appellant bus) had deposed in his evidence that on 30.11.2020, at about 1.20 p.m., he drove the appellant bus from Ambattur Industrial Estate Bus Stand to Velacherry in a moderate speed adhering the traffic rules; when the appellant bus was proceeding slowly on the Vavin Thirumangalam Road, the rider of the motorcycle along with the pillion rider (deceased) attempted to overtake the appellant bus on the right side at hectic speed in a rash and negligent manner, without noticing the car which came from the opposite direction in a rash and negligent manner, at that time, the said car hit the motorcycle and thus, the pillion rider (deceased) fell down on his left side in front of the right rear wheel of the appellant bus and he sustained fatal injuries, on seeing the same, driver of the appellant bus had stopped the bus immediately. Hence, the accident had occurr