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2007 DIGILAW 3294 (MAD)

The Metropolitan Transport Corporation Ltd. , rep. by its Managing Director v. R. Thanga Nadar & Others

2007-10-11

P.P.S.JANARTHANA RAJA

body2007
Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Decree and Judgment dated 28. 2006 in MCOP No.3117/2004, on the file of the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court, Chennai). 2. Background facts in a nutshell are as follows:- On 27.09.2002 at about 10.30 a.m., the deceased Rajasekar was riding his Hero Honda Motorcycle bearing Registration No. TN-38-P-3888 from Ambattur towards Red Hills. When the motorcycle reached near G.N.T. Road, M.A. Nagar Checkpost, a bus bearing Route No.114-A and Registration No.TN-01-N-2830, belonging to the appellant / Transport Corporation, driven by its driver in a rash and negligent manner, dashed against the motorcycle, which the deceased was riding. Due to the accident, the deceased sustained grievous injuries and died. The claimants are the father and sister of the deceased. The claimants claimed a compensation of Rs.12,69,500/- before the Tribunal. The Transport Corporation resisted the claim. On pleading, the Tribunal framed the following issues:- a) Whether the driver of the bus bearing Registration No.TN-01-N-2830 acted in a rash and negligent manner and caused the accident? b) Whether the claimants are entitled to claim compensation from the Transport Corporation? If so, what is the reasonable amount that can be awarded as compensation? On the side of the claimants, P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P17 were marked. On the side of the Transport Corporation, R.W.1 was examined and no documents were marked. After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred due to the rash and negligent driving of the bus belonging to the appellant/Transport Corporation and awarded a compensation of Rs.7,25,000/-with interest at 7.5% p.a. from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the appellant / Transport Corporation submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to Transport Corporation. It is also further submitted that the Tribunal has awarded excessive and exorbitant compensation without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law. 4. Heard the counsel. On the side of the claimants, P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P17 were marked. It is also further submitted that the Tribunal has awarded excessive and exorbitant compensation without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law. 4. Heard the counsel. On the side of the claimants, P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P17 were marked. On the side of the Transport Corporation, R.W.1 was examined and no documents were marked. P.W.1 is the father of the deceased. P.W.2 is one S.Krishnaswamy and P.W.3 is one Vijayan. Ex.P1 is the Death Certificate. Ex.P2 is the report of death. Ex.P3 is the Legal Heir Certificate. Ex.P4 is the copy of First Information Report. Ex.P5 is the birth certificate of the deceased. Ex.P6 is the driving licence of the deceased. Ex.P7 is the Secondary School Leaving Certificate of the deceased. Ex.P8 is the Higher Secondary Course Certificate of the deceased. Ex.P9 is the Diploma Certificate in Electrical and Electronics Engineering. Ex.P10 is the Certificate in PLC Programming. Ex.P11 is the Authorisation Letter. Ex.P12 is the Appointment Order. Ex.P13 is the Probationary Appointment Letter. Ex.P14 is the Confirmation Letter. Ex.P15 is the Pay Slip of the deceased for the month of August 2002. Ex.P16 is the Statement of full and final settlement. Ex.P17 is the estimated increase of salary. R.W.1 is one G.Sekar. After considering the oral and documentary evidence, the Tribunal awarded a compensation of Rs.7,25,000/-with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 6,72,000/- Funeral expenses 5,000/- Loss of love and affection 15,000/- Loss of estate 18,000/- Loss of expectancy of life 15,000/- Total... 7,25,000/- ============== The deceased, at the time of accident, was riding the motorcycle bearing Registration No.TN-38-P-3888 and was proceeding from north to south direction on the G.N.T. Road. At that time, a bus bearing Registration No.TN-01-N-2830 came from the opposite direction and there was a head on collision of both the vehicles near M.A.Nagar which resulted in the fatal injuries leading to the death of the deceased Rajasekar. The case was registered based on the complaint of one Vijayan, against the driver of the above said bus in Crime No.517 of 2002 of G4 Red Hills Police Station for offences punishable under Sections 279 and 304(A) I.P.C. The father of the deceased, P.W.1 did not see the occurrence. The case was registered based on the complaint of one Vijayan, against the driver of the above said bus in Crime No.517 of 2002 of G4 Red Hills Police Station for offences punishable under Sections 279 and 304(A) I.P.C. The father of the deceased, P.W.1 did not see the occurrence. P.W.3 is one Vijayan who has given a clear account of the accident in question. He stated in his evidence that on 27.09.2002 between 10.00 to 11.00 a.m., when he was proceeding in his motorcycle from south to north, the deceased was also proceeding in the very same direction in another motorcycle 40 feet ahead of him, and that the bus that came in the opposite direction hit the motorcycle in which the deceased was proceeding and the deceased died on the spot. The evidence of P.W.3 is corroborated by Ex.P4, i.e., F.I.R. R.W.1 has also given evidence that it is only due to the rash and negligent driving of the motorcycle by the deceased, the unfortunate accident took place. After considering the oral and documentary evidence, the Tribunal came to the conclusion that the accident had occurred due to the rash and negligent driving of the bus belonging to the Transport Corporation. Hence the findings of the Tribunal are based on valid materials and evidence. The deceased was 28 years old at the time of accident. Ex.P7-SSLC Mark Sheet and Ex.P8-Higher Secondary Mark Sheet have been produced in support of the age of the deceased. The Tribunal has not taken the age of the deceased, but it has taken only the age of the father of the deceased, which was 55 years. Hence the Tribunal adopted the multiplier of 8. Ex.P7 to Ex.P9 are marked in respect of Educational Qualifications. As evidenced by Ex.P7 to Ex.P9, the deceased, after completing Higher Secondary Education, studied a diploma course and obtained a diploma certificate in Electricals and Electronics Engineering awarded by the State Board of Technical Education and Training. Thereafter he has obtained a certificate in P.L.C. Programming through continuing education programme issued by the Directorate of Technical Education as evidenced by Ex.P10. The deceased was employed as a Senior Service Engineer in M/s.Control Print (India) Limited. Ex.P12 is the Selection Letter and Ex.P13 is the Probationary Appointment Letter and Ex.P14 is the Confirmation Letter. Ex.P15 is the Pay Slip showing that the deceased was receiving Rs.9,440/-as gross monthly salary. The deceased was employed as a Senior Service Engineer in M/s.Control Print (India) Limited. Ex.P12 is the Selection Letter and Ex.P13 is the Probationary Appointment Letter and Ex.P14 is the Confirmation Letter. Ex.P15 is the Pay Slip showing that the deceased was receiving Rs.9,440/-as gross monthly salary. The Tribunal after considering the oral and documentary evidence, fixed the monthly salary of the deceased at Rs.1,000/- per month and Rs.12,000/-per annum. From the evidence of Ex.P12, 13 and 15, it is evident that the deceased was in receipt of one months pay as ex gratia payment for a year and hence the total average income of the deceased per annum has been reckoned at Rs.1,30,000/-. From the said amount, deducting the tax liability of the deceased, the net income of the deceased was fixed at Rs.1,24,000/-. From this amount, the Tribunal deducted 1/3rd towards personal expenses of the deceased and the remaining amount of Rs.84,000/-has been taken as the loss of dependancy and loss of pecuniary benefits. Thereafter adopting 8 multiplier, determined the loss of income at Rs.6,72,000/-. The award amount by the Tribunal towards loss of income is based on valid materials and evidence and hence the same is confirmed. The Tribunal has also awarded a sum of Rs.5,000/- towards funeral expenses, Rs.15,000/-towards loss of love and affection, Rs.18,000/- towards loss of estate, and Rs.15,000/-towards loss of expectancy of life, which are very reasonable and hence the same are confirmed. The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or illegality in the order of the Tribunal so as to warrant interference. The interest rate fixed by the Tribunal at 7.5% p.a. from the date of petition is reasonable and hence the same is confirmed. 5. Under the circumstances, the compensation awarded by the Tribunal at Rs.7,25,000/- with interest at 7.5% p.a. from the date of petition is confirmed. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P.No.2 of 2007 is closed. No costs. 6. The appellant / Transport Corporation is directed to deposit Rs.7,25,000/-with interest at 7.5% p.a. from the date of petition, after adjusting the amount if any, paid already, within a period of six weeks from the date of receipt of a copy of this order. On making such deposit, the claimants are permitted to withdraw the entire amount from the deposit.