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2007 DIGILAW 3689 (MAD)

Tamil Nadu State Transport Corporation (Coimbatore Division No. II) Ltd. v. Yogasamy & Another

2007-11-20

P.P.S.JANARTHANA RAJA

body2007
Judgment :- The Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Award dated 011. 1997 made in MCOP No.95 of 1997 on the file of the First Additional District Judge of Erode (Motor Accidents Claims Tribunal). 2. Background facts in a nutshell are as under:- On 29.01.1994 at about 13.00 hours, the first respondent / claimant was returning to Erode driving the Car bearing Registration No.TN-33-4858 at the left extreme side of the National Highway 47 from Bhavani to Chitode. At that time, a bus bearing Registration No.TCB 2810, belonging to the appellant / Transport Corporation was going ahead of the claimants car in the same direction at the left side of the said road. The gap between the bus bearing Registration No. TCB 2810 and the car bearing Registration No.TN-33-4858 was about 30 feet. The said bus was a passenger bus and it was stopped by its driver at the traffic signal. The claimant also stopped his car behind the bus. At that time, another bus belonging to the appellant / Transport Corporation bearing Registration No.TCB 2817 driven by its driver in a rash and negligent manner at high speed, dashed against the claimants car from behind and pushed the car until it dashed against the bus bearing Registration No.TCB 2810 on its back side. Due to the accident, the claimants car was caught in between the two buses belonging to the Transport Corporation. The claimant claimed a compensation of Rs.1,00,000/-before the Tribunal. The Transport Corporation resisted the claim. On the pleadings, the following issues were framed by the Tribunal:- a) Whether the accident had occurred due to the negligence on the part of the appellant / Transport Corporation or not? b) What is the compensation the claimant is entitled to? After considering the oral and documentary evidence available on record, the Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the bus bearing Registration No.TCB 2817, belonging to the Transport Corporation and awarded a consolidated sum of Rs.98,700/-with interest at 12% per annum from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal. 3. 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 bearing Registration No.TCB 2817, belonging to the Transport Corporation. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same should be set aside. 4. Learned counsel appearing for the first respondent/claimant submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law. 5. Heard the counsel. On the side of the claimant, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P21 were marked. On the side of the Transport Corporation, one Swaminathan was examined as R.W.1 and one document was marked as Ex.R1 which is the copy of the judgment of Judicial Magistrate No.IV, Erode in Case No.69/94. P.W.1 is the claimant himself. P.W.2 is one Umapathy and P.W.2 is one Santhanam. Ex.P1 is copy of First Information Report. Ex.P2 is the copy of rough sketch. Ex.P3 is the copy of observation mahazar. Ex.P4 is the copy of Motor Vehicle Inspectors Report. Ex.P5 is the copy of the Inspectors Report for the car. Ex.P6 is the copy of Motor Vehicle Inspectors Report for the bus. Ex.P7 is the copy of charge sheet. Ex.P8 is the judgment copy in Case No.69/94. Ex.P9 is the series of photographs and negatives. Ex.P10 is the copy of Insurance Policy. Ex.P11 is the list for purchase of diesel engine. Ex.P12 is the list containing the purchase of spare parts. Ex.P13 is the list containing the purchase of automobile parts from Bhavani Auto. Ex.P14 is the bill for purchase of mirror. Ex.P15 is the list for the lathe work done. Ex.P16 is the list for purchase of miscellaneous parts and other works for the car. Ex.P17 is the bill for paint work done for the car. Ex.P18 is the list for electrical work done for the car. Ex.P19 is the bill for having given labour charges for the car. Ex.P15 is the list for the lathe work done. Ex.P16 is the list for purchase of miscellaneous parts and other works for the car. Ex.P17 is the bill for paint work done for the car. Ex.P18 is the list for electrical work done for the car. Ex.P19 is the bill for having given labour charges for the car. Ex.P20 is the Report given by the Surveyor for the car. Ex.P21 is the copy of Driving Licence. Ex.P9 is the series of photographs and negatives which reveals that the the car was crushed in between the two buses belonging to the Transport Corporation. After considering these oral and documentary evidence, the Tribunal correctly came to the conclusion that the accident had occurred due to the rash and negligent driving of the driver of the bus bearing Registration No.TCB 2817, belonging to the Transport Corporation and awarded a sum of Rs.98,700/- with 12% interest p.a. from the date of petition. P.W.2 is one Santhanam, who is an Auto Engineer. He has inspected the car and has given a certificate in respect of damages suffered by the car, which is Ex.P20. He estimated the damage to the extent of Rs.1,11,975/-. Ex.P12 is the list containing the purchase of spare parts and Ex.P19 is the bill for having given labour charges for the car. Ex.P5 is the copy of the Inspectors Report for the car, wherein it is clearly stated that the car suffered the following damages:- a) The chasis of the car was badly damaged, beyond repair. b) The Cell-body of the car was damaged beyond repair. c) All the seating arrangements and the seats were spoiled beyond repair. d) The engine and radiator sustained damage beyond repair. e) Wheel alignment was completely altered beyond rectification. All the doors and glass were broken. After considering the above oral and documentary evidence, the Tribunal has correctly awarded a consolidated sum of Rs.98,700/-as compensation. The findings given by the Tribunal are based on valid materials and evidence and the consolidated amount awarded is very reasonable. Hence the compensation awarded by the Tribunal at Rs.98,700/- is confirmed. The interest rate awarded by the Tribunal at 12% p.a. from the date of petition is excessive and it would be appropriate and reasonable to reduce the same to 9%. Hence the compensation awarded by the Tribunal at Rs.98,700/- is confirmed. The interest rate awarded by the Tribunal at 12% p.a. from the date of petition is excessive and it would be appropriate and reasonable to reduce the same to 9%. Therefore, the claimant is entitled to the compensation as awarded by the Tribunal at Rs.98,700/-, but the interest rate is alone modified to 9% p.a. from the date of petition. 6. It is stated that the entire amount awarded by the Tribunal has been deposited. In view of the same, the claimant is permitted to withdraw the amount of Rs.98,700/-with 9% interest from the date of petition after adjusting the amount if any already withdrawn, from the deposit. The Transport Corporation is also permitted to withdraw the balance amount lying in the deposit on making proper application. 7. The Civil Miscellaneous Appeal is disposed of with the above modification. No costs.