Managing Director, Tamil Nadu State Transport Corporation (Division-III) Limited, Kancheepuram v. Lakshmi
2014-06-10
S.MANIKUMAR
body2014
DigiLaw.ai
Judgment : 1. According to the respondents, that on 14.07.2000, about 20.50 hours, when the husband of the 1st respondent Sivaji was travelling in a Tractor, from Ponneri to Polachiammankulam, a tyre got punctured and the said Vehicle was parked on the left side of Medur Road, near a Co-operative Bank. At that time, a Transport Corporation bus, bearing Registration No.TN-72N-0597, driven in a rash and negligent manner, by its driver, dashed against the tractor. He was sitting in the Tractor and was thrown away and sustained grievous injuries. On the way to the hospital, he died. A case in Crime No.236 of 2000 under Sections 279 and 304(A) of IPC has been registered against the driver of the Transport Corporation bus, bearing Registration No.TN-72N-0597 on the file of E1 Ponneri Police Station. At the time of accident, the deceased was aged 25 years, and as a Mason, earned Rs.6,000/- per month. They claimed compensation of Rs.4,00,000/-. 2. The Transport Corporation opposed the Claim contending inter alia that the accident occurred due to negligence inparking of the trailer. It is also submitted that the driver should have kept the stones for support, after removing the tyre from the vehicle. According to them, adequate care was not taken by the driver of the Tractor. Arising out of the same accident, two claim petitions in MCOP Nos.400 of 2000 and 469 of 2000 have been made. A joint trial has been held. To prove the manner of the accident, 3 witnesses have been examined on the side of the claimants, including PW3, an eye witness. RW1 is the driver of the State Transport Corporation bus. 3. FIR has been registered against RW1, driver of the Transport Corporation bus. The oral testimony of RW1 is not supported with any oral or documentary evidence. On the contra, the version of the claimants is duly supported by PW3, an independent witness and corroborated by Ex.P.1-First Information Report. On evaluation of pleadings and evidence, the Claims Tribunal held that RW1, driver of the Transport Corporation bus was negligent, in causing the accident. 4. It is well settled in motor accident claims cases that finding regarding negligence is arrived at by the Claims Tribunal on the principles of preponderance of probabilities. Strict proof of evidence is not required like that of a criminal case.
4. It is well settled in motor accident claims cases that finding regarding negligence is arrived at by the Claims Tribunal on the principles of preponderance of probabilities. Strict proof of evidence is not required like that of a criminal case. It is also well settled that the adjudication of claims before the Motor Accident Claims Tribunal is summary in nature. Testing the finding of negligence recorded by the Claims Tribunal, on the above said principles, this Court is of the view that there is no perversity or it is a case of no evidence. Hence, the finding of negligence is confirmed. 5. Quantum of compensation of Rs.2,34,000/- with interest @9% per annum, from the date of claim, till the date of realisation, cannot be, at any stretch of imagination, be a bonanza or excessive for the loss of bread winner of the family. Hence, the quantum of compensation is also confirmed. The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 6. Consequent to the dismissal of this appeal, the appellant – Transport Corporation, is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of MCOP No.400 of 2000 on the file of Motor Accidents Claims Tribunal (Sub Judge), Ponneri, within a period of four weeks from the date of receipt of a copy of this order, if not deposited earlier. On such deposit, the 1st respondent/claimant is permitted to withdraw the entire award amount, by making necessary applications. 7. At the time of filing of Claim petition, in the year 2000, the respondents 2 and 3, minors, aged about 10 years and 8 years, respectively. By this time, they would have attained the age of majority. No sooner the compensation amount is deposited to the credit of M.C.O.P.No.400 of 2000 on the file of Motor Accidents Claims Tribunal, (Sub Judge), Ponneri, it is open to the respondents 2 and 3, to take out necessary applications, to discharge the guardian and seek for withdrawal.