IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 28.02.2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Civil Miscellaneous Appeal No.947 of 2017 and C.M.P.No.4635 of 2017 The District Collector District Collector's Office Krishnagiri - 635 001 ... Appellant Vs 1.M.Padmavathi 2.M.Kumari 3.M.Gopinath 4.M.Sathiya Gopal 5.M.Nataraj 6.M.Malarvizhi
7. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd. Bharathipuram Dharmapuri
8. Dr.T.Swarnaja Reddy ... Respondents *** Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 16.10.2015, passed in M.C.O.P.No.917 of 2013, by the Motor Accident Claims Tribunal, (Special District Judge (MACT), Krishnagiri).
*** For Appellant : Mr.M.Venugopal Special Govt. Pleader J U D G M E N T (Made by S.Manikumar,J) Being aggrieved over the quantum of compensation of Rs.20,87,800/- with interest, at the rate of 7.5% and costs, awarded in M.C.O.P.No.917 of 2013 dated 16.10.2015, by the Motor Accident Claims Tribunal, (Special District Judge (MACT)), Krishnagiri, to the legal representatives of the deceased Muniraju @ Muniraj, District Collector, Krishnagiri is on appeal. Tribunal has quantified the said sum, as hereunder:
Loss of contribution to the family : Rs.17,02,800/-
Transport Expenses : Rs. 5,000/-
Loss of consortium : Rs. 1,00,000/-
Funeral Expenses : Rs. 25,000/-
Damage to clothes and articles : Rs. 5,000/-
Loss of love and affection : Rs. 2,50,000/- to respondents 2 to 6 @ Rs.50,000/ each Total : Rs. 20,87,800/-
2. Short facts leading to the appeal are that, on 01.12.2012, Muniraju @ Muniraj, was travelling in a Toyota Qualis car bearing Registration No.TN-24 G-7777, as duty Daffadhar along with the District Collector of Krishnagiri. Toyota qualis car was driven by its driver S.Sivanandam from Collectorate to Dharmapuri. About 14.30 hours, when the car was proceeding on Krishnagiri to Dharmapuri National Highways road, near Anjaneyar Koil diversion, in front of Raghavendra Bakery, driver of Toyota Qualis car, drove the same in a rash and negligent manner without following traffic rules. He dashed against a stationary bus bearing Registration No.TN-29 N- 2122 belonging to the Tamil Nadu State Transport Corporation. At the same time, a Maruti 800 car, bearing Registration No.AP-26 AC-4944 belonging to Dr.T.Swarnaja Reddy, the 8th respondent in this appeal, driven by its driver S.K.Yesdani coming from Anjaneyar Koil diversion road, suddenly crossed the road towards Krishnagiri to Dharmapuri, National Highways and dashed on the right side of the Toyota Qualis car. Due to the accident, G.Muniraju @ Muniraj, sitting on the left side front seat of the Qualis car, sustained fatal injuries and died on the spot. District Collector sustained injuries. A case in Crime No.677/2012 under Sections 279, 337, 338 and 304-A IPC has been registered on the file of Krishnagiri Taluk Police Station.
3. Contending inter alia that at the time of accident, the deceased, Daffadhar to the District Collector, Krishnagiri, was aged 54 years and earned Rs.19,303/- per month, wife and other legal representatives filed M.C.O.P.No.917 of 2013 on the file of the Special District Judge (Motor Accident Claims Tribunal), Krishnagiri, claiming compensation of Rs.25,00,000/-.
4. District Collector, Krishnagiri, respondent No.1 in the claim petition, filed counter affidavit stating that near Anjaneyar Temple junction road, a Maruti car bearing Registration No.AP-26 AC-4944, driven in a rash and negligent manner, without noticing the Qualis car, crossed the road, dashed against the right side of the Qualis car, and due to the said impact, driver of the Qualis car, could not control the vehicle and dashed against the Tamil Nadu State Transport Corporation bus bearing Registration No.TN-29 N-2122, parked on the left side of the road. The District Collector, Krishnagiri District, has denied negligence on the part of the driver of the Qualis car. He further stated that, vide G.O. No.3 Home Department, dated 02.01.2013, Government have given solatium of Rs.1,00,000/- to the family of the deceased from the Hon'ble Chief Minister Relief Fund. According to him, terminal benefits would be paid. Without prejudice to the above, he has opposed compensation claimed under various heads.
5. Before the Tribunal, owner of the Maruti car bearing Registration No.AP-26 AC-4944 Dr.T.Swarnaja Reddy/8th respondent in the present appeal, remained ex-parte.
6. Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri/respondent No.2 in the claim petition, denied negligence attributed against the driver of the State Transport Corporation bus. According to them, the bus was parked, on the left side of the road, alighting/boarding passengers. Driver of the Maruti car, hit the Qualis car bearing Registration No.TN-24 G- 7777, resulting in the latter, dashing against the bus, from behind. Two persons travelled in the Qualis car died on the spot. Krishnagiri Taluk Police Station has registered a case against the driver of the Maruti car in Crime No.677/2012 under Sections 279, 337, 338 and 304-A IPC. Thus, the Transport Corporation denied negligence on the driver of the bus. Without prejudice to the above, they disputed the quantum of compensation claimed under various heads.
7. Before the Tribunal, wife examined herself as PW1 and reiterated the manner of accident. PW4 is stated to be the eyewitness. According to him, on 01.12.2012, when he was standing near Reghavendra Bakery, a Toyota Qualis car bearing Registration No.TN-24 G-7777 was proceeding towards Dharmapuri. Ahead of which, there was a Transport Corporation bus bearing Registration No.TN-29 N-2122. He has further deposed that the bus was suddenly stopped and unable to control the speed, Qualis car bearing Registration No.TN-24 G-7777 hit the bus from behind and at that time, a Maruti car bearing Registration No.AP-26 AC-4944, owned by respondent No.8 in this appeal, dashed against the Qualis car also. He has stated that the accident occurred due to the negligence of the drivers of all the three vehicles.
8. PW3 stated to be a Deputy Tahsildar/Personal Clerk to the Collector, Krishnagiri and stated to have witnessed the accident, has deposed that when the District Collector was proceeding to Kaveripattinam in the Toyota Qualis car bearing Registration No.TN-24 G-7777, the deceased Muniraju @ Muniraj, Daffadhar, was in the front seat. According to him, when Toyota Qualis car, was proceeding on the Bye Pass Road, near Kattu Veera Anjaneya temple road, repair work was going on. Extension of Chennai - Bangalore Highways Road, was also in progress. Maruti car bearing Registration No.AP-26 AC-4944, dashed against the Qualis car bearing Registration No.TN-24 G-7777 and due to the impact, the latter dashed against the Transport Corporation bus. In the accident, he lost his consciousness. He was taken to Krishnagiri Government Hospital. Daffadhar Muniraju @ Muniraj, was taken in 108 Ambulance to Krishnagiri Government Hospital. He has denied the suggestion that driver of the Qualis car was not negligent.
9. RW1, driver of the Transport Corporation bus has deposed that on 01.12.2012, when the bus was boarding passengers in a bus stop, he heard a noise. He found that the Qualis car bearing Registration No.TN-24 G-7777, owned by the Collectorate, hit the bus from behind. Behind the Qualis car, a Maruti car was coming. However, during cross examination, he has deposed that except Toyota Qualis car bearing Registration No.TN-24 G-7777, owned by the Collectorate, there was no other vehicle.
10. RW2, driver of the Toyota Qualis car, has stated that he had preferred a complaint to the police against the driver of Maruti car. According to him, Maruti car did not stop after causing the accident.
11. After assessing the oral and documentary evidence, by observing that RW2, being the driver of the Toyota Qualis car bearing Registration No.TN-24 G-7777, owned by the Collectorate, PW3 Deputy Tahsildar/Personal Assistant of the District Collector, Krishnagiri, and taking note of the evidence of PW4, eyewitness, examined on behalf of the claimant/legal representatives of the deceased Muniraju @ Muniraj, the Tribunal held that the driver of the Transport Corporation bus, was not responsible or negligent for the accident and that the same was caused, only due to the rash and negligent driving of both the drivers of the Maruti car bearing Registration No.AP-26 AC-4944 and Toyota Qualis car bearing Registration No.TN-24 G-7777. Thus, the Tribunal fixed negligence on the driver of both the vehicles.
12. On the aspect of contributory negligence, assessing the oral and documentary evidence, Motor Vehicle Inspector reports, the Tribunal found that Maruti car had graced against Toyotoa Qualis car, but the latter alone has dashed against the Transport corporation bus from behind, resulting in the death of Muniraju @ Muniraj. Therefore, the Tribunal apportioned negligence and the consequential liability, as between the owner/driver of the Toyota Qualis vehicle and Maruti 800 car, in the ratio of 75% and 25%.
13. To substantiate the finding that the deceased was aged 54 years at the time of accident, the Tribunal has taken note of the entry in Ex.P6, identity card of the deceased. Avocation of the deceased as Daffadhar is not disputed. From the entry made in Exs.P7 and P8 - Salary certificates, Tribunal has noticed that the monthly income of the deceased, at the time of accident, was Rs.19,303/- and after deducting 10% towards income tax, arrived at the net salary Rs.17,373/-. Tribunal rounded of the same to Rs.17,200/-. Though there were six dependents, the Tribunal has deducted only 1/4th towards personal and living expenses of the deceased and thus arrived at a figure of Rs.12,900/- for the purpose of computing the loss of contribution to the family. Following the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma vs. Delhi Transport Corporation and another reported in 2009 (2) TN MAC 1 SC, the Tribunal applied multiplier '11'. Thus, a sum of Rs.17,02,800/- (Rs.12,900 x 12 x 11 = Rs.17,02,800) has been arrived at as the loss of contribution to the family.
14. That apart, the Tribunal has awarded Rs.1,00,000/- towards loss of consortium to wife, Rs.2,50,000/- under the head loss of love and affection, at the rate of Rs.50,000/- each, to respondents 2 to 6; Rs.25,000/- towards the funeral expenses, Rs.5,000/- towards transportation and Rs.5,000/- towards damages to clothes and articles respectively. Altogether, the Tribunal, has awarded Rs.20,87,800/- with interest, at the rate of 7.5% per annum within 60 days from the date of judgment, failing which at the rate of 9% per annum. Tribunal apportioned the liability in the ratio of 75%:25%, between the District Collector, Krishnagiri and Dr.T.Swarnaja Reddy, owner of the Maruti 800 car. Though Mr.M.Venugopal, learned Special Government Pleader, assailed the correctness of the judgment on the grounds inter alia that the accident occurred only due to the negligence of the driver of the Maruti 800 car bearing Registration No.AP-26 AC-4944 belonging to Dr.T.S.Swarnaja Reddy, driven at a high speed, coming from Anjaneyar Kovil diversion road, all of a sudden, crossed the road towards Krishnagiri to Dharmapuri NH Road and dashed on the right side of the Qualis car, and thus the accident was occurred and that the driver of Qualis car was not responsible and further contended that the Tribunal erred in fixing the liability on the Collectorate to pay compensation, going through the award and in light of the discussion as to how the Tribunal has fixed negligence on the drivers of Toyota Qualis and Maruti car, involved in the accident, this court is of the considered view that there is no manifest illegality or perversity in the finding warranting reversal. Testing the finding of negligence on the principles of preponderance of probability, there is no case for interference.
15. Overall quantum of compensation is also just and reasonable, the same does not call for any interference. Thus, we concur with the judgment of the Tribunal.
In the result, the civil miscellaneous appeal is dismissed and the order of the Motor Accident Claims Tribunal, (Special District Judge (MACT), Krishnagiri dated 16.10.2015, passed in M.C.O.P.No.917 of 2013, is confirmed except with regard to split interest. Consequent to the dismissal of the appeal, District Collector, Krishnagiri, is directed to deposit 75% of the award amount of Rs.20,87,800/- with interest at the rate of 7.5% per annum from the date of claim till deposit and costs less the statutory deposit, within six weeks from the date of receipt of a copy of this order. Consequently, the connected civil miscellaneous petition is closed. No costs.
For compliance, post the matter during first week of June, 2017.
Index : Yes/No website : Yes/No. ASR (S.M.K.,J) (M.G.R.,J) 28.02.2017 To
1. The Motor Accident Claims Tribunal, Special District Judge (MACT), Krishnagiri.
2. The District Collector District Collector's Office Krishnagiri - 635 001 S.MANIKUMAR,J a n d M.GOVINDARAJ,J asr.
C.M.A.No.947 of 2017 28/2/2017 http://www.judis.nic.in