C.M.A.No.10 of 2015
1.Ramalakshmi
2.Sundaram ... Respondent in C.M.A.No.31 of 2016 Common Prayer: Appeal filed under
Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree made in M.C.O.P.No.106 and 1 of 2011 dated 14.02.2013, on the file of the Motor Accident Claims Tribunal/Subordinate Court, Devakottai.
Heard the learned counsel on either side.
2.The Transport Corporation has filed these two appeals questioning the impugned common award on the ground of liability as well as quantum. One Sathiyamoorthy, was riding a two-wheeler with one Thenappan sitting in the pillion. On the accident involving the said two-wheeler and the bus belonging to the appellant Corporation, the said Sathiyamoorthy died. While the said Thenappan got injured, the injured Thenappan filed M.C.O.P.No.106 of 2011 and the Legal Heirs of the deceased filed M.C.O.P.No.1 of 2011, on the file of the Motor Accident Claims Tribunal/Subordinate Court, Devakottai. A common award was passed on 14.02.2013. In M.C.O.P.No.106 of 2011, a sum of Rs.1,85,511/- was awarded and in M.C.O.P.No.1 of 2011, a sum of Rs.9,42,000 /- was awarded.
3.The learned Standing Counsel for the appellant Corporation would contend that in this case, FIR was registered only against the rider of the two-wheeler. The case was closed as charge abated. The final report was marked as Ex.P8. I went through the contents of the said final report. The Investigating Officer has stated that the bus was in a parked condition and it was the two-wheeler which was ridden in a rash and negligent manner and dashed against the parked bus. It is mentioned that the accident spot was near the curve. It was night hours. In the FIR also which was given at the instance of the bus driver., it has been mentioned that the bus was stopped because the passengers wanted to get down. Since it was not a stop and it was a curve, the bus ought not have been parked there. If the bus driver had not parked the bus in the said stop, the accident would not have happened at all. Therefore, negligence can be fixed in the ratio of 75% :25%. Since only 75% of the negligence can be fastened on the bus driver, the appellant Corporation will have to bear 75% of the liability. The quantum of compensation is reduced from 1,85,511/- to Rs.1,39,133/-.
4.As regards M.C.O.P.No.1 of 2011 the claimants are the parents. The deceased was a bachelor. The Tribunal instead of effecting 50% deduction made only 1/3rd deduction. Therefore, the compensation will have to be re- worked as under:-
Sl.No Heads Amounts in Rupees
1. For pecuniary loss(Rs.3,000/-X12X17X75/100) Rs.4,59,000/-
2. For loss of love and affection Rs. 50,000/-
3. For loss of estate and funeral expenses Rs. 30,000/-
Total Rs.5,39,000/-
5.The awards dated made in M.C.O.P.No.106 and 1 of 2011 dated 14.02.2013, on the file of the Motor Accident Claims Tribunal/Subordinate Court, Devakottai are modified accordingly.
6.The appellant in C.M.A.(MD)No.10 of 2015 is directed to deposit the entire compensation amount of Rs.1,39,133/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the respondent is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
7.The appellant in C.M.A.(MD)No.31 of 2016 is directed to deposit the entire compensation amount of Rs.5,39,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the respondents are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.
8.These Civil Miscellaneous Appeals are partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Motor Accidents Claims Tribunal, Subordinate Court, Devakottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai..