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2015 DIGILAW 353 (MAD)

Lakshmanan v. Lakshmi Priya Transports, Trichy

2015-01-22

D.HARIPARANTHAMAN

body2015
Judgment 1. The appellants are the parents of the deceased Mr. Karuppiah, who is a bachelor. Mr. Karuppiah travelled in a bus on 18.05.2010, owned by the first respondent and the bus was insured with the second respondent. 2. Much details are not necessary for the disposal of the appeal as the appeal lies in a narrow compass 3. There is enough evidence that the bus was a crowded one. Both the first information report marked as Ex.P1 and the co-passenger, who was examined as P.W.2 spoke that the bus was more crowded. Since the bus was crowded, the deceased Mr. Karuppiah had to get down from the bus at a stop, so as to facilitate others to get down from the bus at the bus stop and thereafter, before he got into the bus, the bus was proceeded and the same resulted in an unfortunate accident taking away the life of Mr. Karuppiah. 4. The driver has to be blamed for taking the bus without seeing as to whether all the passengers have got into the bus or not. However, the Tribunal apportioned the blame at 70:30 i.e. 30% of the negligence was attributed to Mr.Karuppiah. By going through the materials on record, I am of the view that the passenger cannot be blamed for proceeding the bus by the driver negligently without seeing as to whether all the passengers have got into the bus or not? 5. Now, the learned counsel for the appellant submitted that he would be satisfied if the ratio is modified to at 85:15, for which there was no serious objection by the other side, that is why, I have already mentioned that much details are not necessary to dispose the appeal. 6. The Tribunal, taking into account the negligence at 70:30, fixed the award amount at Rs.3,63,000/-. It is stated by both sides that if the negligence is taken as 85:15, the award amount shall be modified as Rs.4,41,150/-. 7. Accordingly, the Insurance Company shall pay a sum of Rs. 4,41,150/- as compensation instead of Rs.3,63,000/- with interest at the rate of 7.5% per annum from the date of claim petition, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the claimants are permitted to withdraw the entire amount along with proportionate interest and costs. 8. 4,41,150/- as compensation instead of Rs.3,63,000/- with interest at the rate of 7.5% per annum from the date of claim petition, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the claimants are permitted to withdraw the entire amount along with proportionate interest and costs. 8. The appeal is disposed of with the above modification. No costs.