(Judgment of the Court was made by M.Govindaraj,J) Challenging the award passed by the Motor Accidents Claims Tribunal, made in M.C.O.P.No.649 of 2013, dated 17/4/2015, by the learned III Additional District & Sessions Judge, Poonamallee, the Metropolitan Transport Corporation, Chennai has preferred the instant appeal, on the grounds of negligence and quantum.
2. The learned counsel appearing for the Transport Corporation would vehemently contend that the Transport Corporation bus, bearing Registration No.TN01AN-0613, was on its schedule trip proceeding from Thiruvanmiyur to East Tambaram, at about 15.25 hours, the first respondent herein along with his mother, came in a two wheeler, bearing Registration No.TN48P-3166, in a rash and negligent manner. Due to rain, the road was affected by pit and mud, and therefore, the surface of the road was uneven. The front tyre of the motorcycle fell on a pit and bumped on a stone and therefore, the motorcyclist lost his balance and fell down. Due to this, pillion rider sustained fatal injuries. Therefore, the negligence is purely on the motorcyclist. In support of the same, conductor of the bus has let in evidence. But the Tribunal has erroneously rejected the evidence and has fixed the negligence on the part of the driver.
3. On the basis of Ex.P.1 F.I.R, Ex.P.12 charge sheet filed against the driver of the bus and also on the basis of cogent evidence of witnesses, the Tribunal has arrived at the conclusion that negligence is on the driver of the bus.
4. On a consideration of the materials, we also find that no evidence was let in by the driver of the bus, in support of the contention. In the absence of the evidence of the bus driver and also the criminal case filed against him, we are of the opinion that the Tribunal has rightly come to conclusion that the driver of the bus alone is rash and negligent. Therefore, we are not inclined to interfere in the aspect of negligence.
5. In so far as the quantum is concerned, we directed the learned counsel appearing for the parties to arrive at the correct compensation. Accordingly, both the counsel have arrived at consensus and fixed the loss of contribution to the family as Rs.24,988.61. The same was rounded off to Rs.24,01,000/-. Tribunal has awarded a sum of Rs.29,34,240/-, which is accordingly re-fixed at Rs.24,01,000/-, by consensus. The Tribunal has awarded a sum of Rs.50,000/- towards loss of love and affection, which being increased to Rs.1 lakh. Tribunal has awarded a sum of Rs.15,000/-, towards funeral expenses. There shall be an increase by Rs.10,000/-, considering present day expenses. Thus, the award under this head is modified as Rs.25,000/-. A sum of Rs.20,000/- towards loss of estate, sum of Rs.10,000/- towards transportation and a sum of Rs.2,000/- towards conventional damages. Thus, a sum of Rs.25,58,000/- is arrived as total compensation.
6. Tribunal has awarded a total compensation of Rs.29,99,240/- By reworking the compensation, there is a reduction of Rs.4,41,240/- (Rs.29,99,240/- - 25,58,000). Both the parties had agreed for arriving at the compensation, as stated above and the appellant is directed to deposit the compensation now arrived at, with interest at the rate of 7.5% p.a., from the date of claim till realisation and costs. The respondents are permitted to withdraw their share equally, by making necessary applications.
7. In the result, Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.
(S.M.K.,J) (M.G.R.,J) 3rd April 2017 Index: yes/No website: Yes/No mvs To III Additional District & Sessions Judge, Poonamallee.
S.MANIKUMAR,J a n d M. GOVINDARAJ,J mvs.
C.M.A. No.1038 of 2017 3/4/2017