The above Civil Miscellaneous Appeal has been filed by the appellant/Respondent, against the Award and Decree Order dated 27.04.2007, made in M.C.O.P.No.1112 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Court, Salem, awarding a compensation of Rs.3,83,000/-, with 7.5% interest per annum, from the date of filing petition to till the date of payment of compensation.
2.Aggrieved by the said award and decree, the appellant/respondent, The Managing Director, Tamil Nadu State Transport Corporation Ltd., Salem, has filed the above appeal.
3.The short facts of the case are as follows:
On 30.06.2005, at about 01.00 p.m., while the deceased Jupiter @ Subramani, was standing near his TVS-50, bearing registration No.TAX 3954. On his side, on the Pallipalayam to Sankari Main Road, near Therkkupalayam Pirivu Road, the driver of the bus bearing registration No.TN27 N1304, drove the bus in a rash and negligent manner, coming north to south direction, dashed against the deceased. Due to the above said accident, the deceased sustained severe head injuries and died on the spot. The rash and negligent driving of the driver of the above said bus was the sole reason for the above said accident and there was no negligence on the part of the deceased. A Criminal Case has been registered against the driver of the said vehicle in Crime No.387 of 2005 by Pallipalayam Police under
Sections 279 and
304(A) of I.P.C and the same is pending before the Judicial Magistrate Thiruchengode.
4.The deceased was aged about 50 years at the time of the accident and was a hale and healthy. The deceased had a hair cutting saloon in the name and style of "Jupiter Hair Dresser" in Pallipalayam and four members were working in the said saloon. The deceased was earning not less than Rs.7,000/- per month. The first petitioner is the first wife, the second petitioner is the son of the first wife, third petitioner is the second wife and the fourth petitioner is the daughter of the deceased. All the petitioners are dependants of the deceased. The petitioners have claimed a compensation of Rs.7,00,000/- from the respondent, the owner of the bus ie.Tamil Nadu State Transport Corporation (Salem Division), Salem-7.
5.The respondent/Tamil Nadu State Transport Corporation, in its Counter, has resisted the claim and has not admitted the age, income and occupation of the deceased, as well as the legal heirship of the petitioners. Further, the claim made by the second wife of the deceased is not maintainable as the marriage is contrary to law. The claim of the Rs.7,00,000/- is without any basis. It was further stated that on 30.06.2005, the bus bearing registration No.TN27 N1304 was going from Salem towards Erode and when the bus was nearing Therkupalayam Pirivu Road, a TVS-50 driven rashly came from the right side and crossed the road to the left side. On seeing the TVS-50, the TSTC Bus driver applied brakes and brought the vehicle to halt. Since, the TVS-50 was coming at an uncontrollable speed, it hit the bus on the right side and in the impact the deceased had fallen down. So, the driver of the bus was not responsible for the accident. As such, the second respondent has prayed for dismissal of the claim petition with costs.
6.The Motor Accident Claims Tribunal framed two issues for consideration namely:
(i) Was the accident caused due to the rash and negligent driving of the driver of the respondent bus Corporation?
(ii) Is the petitioner entitled to get compensation? If so, to what amount of compensation, he is entitled to?
7.On the petitioner's side, two witnesses were examined as PW1 and PW2 and four documents were marked as Exs.P1 to P4. On the respondent's side, two witnesses were examined as RW1 and RW2. No documents were marked.
8.The second petitioner, the son of the deceased, was examined as PW1. He is not an eye witness. He adduced in his evidence that his father had been running a Saloon and was earning about Rs.6,000/- to Rs.7,000/- per month.
9.One, Palanisamy, who was an eyewitness of the said accident was examined as PW2. The PW2, in his evidence stated that on 30.06.2005, at about 01.00 p.m. when he was returning from Veppadai and nearing Therkupalayam Pirivu Road, on the Pallipalayam Main Road, he saw his uncle (deceased) standing near his TVS Motorcycle and that at that time, the State Government Bus, coming from Salem towards Erode, at a highspeed, in order to avoid dashing against a lorry coming from the opposite side, moved towards the extreme left of the road and dashed against the deceased and that the deceased had died on the spot. First Information Report has been marked as Ex.P1. The Motor Vehicle Inspector's Report of the said bus, involved in the accident, bearing registration No.TN27 N1304, was marked as Ex.P3. The Charge Sheet filed by the Police has been marked as Ex.P4.
10.The driver of the said bus was examined as RW1 and the conductor of the said bus was examined as RW2. The RW1, in his evidence has stated during chief-examination that he had dashed the bus against a portion of the TVS Motorcycle, but later on had stated that the deceased, who had been standing near his motorcycle, but had suddenly crossed the road and hence the bus had dashed against the motorcycle. He had further stated in his evidence that he had reported the accident at the Police Station.
11.The RW2, Palanisamy, the conductor of the bus, had also stated in his evidence that the deceased, who was standing near his motorcycle had suddenly crossed the road in the motorcycle and had dashed against the bus.
12.On inspection of the Ex.P1-FIR, it is evident that the criminal complaint about the accident has been given only by the PW2. Whatever evidence PW2 had stated in his evidence has only been stated by PW2 in the complaint given by him to the Police, as seen from Ex.P1. The Tribunal held that if RW1 had really given a complaint to the Police of the said accident, he could have marked a copy of this complaint before the Tribunal to prove that he was not responsible for the accident. But, no such thing has been done, by the driver of the bus. Further, it is only against the driver of the bus, that the Charge Sheet has been filed. As such, the Tribunal held that under the circumstances stated above, for the accident was caused only due to fault of the driver of the bus.
13.The petitioners had claimed a compensation of Rs.7,00,000/- in their claim. Though the income of the deceased has been stated as Rs.7,000/- per month there is no documentary evidence to back this claim. From an examination of Ex.P2, the Post-mortem Report of the deceased, it is seen that the age of the deceased was 50 years. As such, the Tribunal considering the age of the deceased as 50 years and also considering the other circumstances of the case decided that the deceased could have earned a salary of Rs.2,500/- per month. Taking the personal expenses of the deceased as Rs.600/- per month, the Tribunal held that the loss of income to the petitioners could be taken as Rs.1,900/- per month. Considering the age of the deceased as 50 years, the Tribunal adopted a multiplier of 13 and calculated total loss of income to the petitioners as Rs.1,900/- X 12 X 13 = Rs.2,96,400/-. Further, the Tribunal awarded, a sum of Rs.20,000/- each to the first petitioner and third petitioner for loss of consortium; a sum of Rs.15,000/- to the second petitioner and a sum of Rs.25,000/- to the fourth minor petitioner for loss of love and affection; a sum of Rs.10,000/- for transport expenses and a sum of Rs.5,000/- for funeral expenses. In total, the Tribunal awarded a sum of Rs.3,83,000/- to the petitioners.
14.Further, the Tribunal directed the respondents to deposit the said award, together with interest at the rate of 7.5% per annum from the date of filing the petition to till the date of payment of compensation and apportioned Rs.70,000/- to the first petitioner, Rs.90,000/- to the second petitioner; Rs.70,000/- to the third petitioner and Rs.1,53,000/- to the fourth (minor) petitioner. Further, the apportioned share of award of the first, second and third petitioners should be deposited in the Union Bank of India, Salem, Five Roads Branch, for a period of three years; that the apportioned share of the minor fourth petitioner should be deposited in the said Bank till he becomes major; that the first, second and third petitioners can withdraw interest from their share of deposit once in three months directly from the Bank. The minor petitioner's interest on his apportioned share of award can be received by his natural guardian ie. his mother, third petitioner, once in three months until the fourth petitioner becomes a major. The petitioners were directed to pay the Court fees on the award within a period of 10 days of its Order. The respondent was directed to pay a sum of Rs.14,117.50 being the costs.
15.The learned counsel appearing for the appellant has argued in his appeal that the Tribunal had failed to consider that the accident occurred only due to the negligence of the claimant, who was standing negligently on the road and attempted to cross the road. Further, the Tribunal failed to note that the age and income of the deceased has not been established through documentary proof by the petitioners.
16.Further, no legal heirship certificate was filed by the petitioners. The Tribunal also failed to consider the deposition of the RW2. As such, the award of Rs.3,83,000/- has been granted by the Tribunal without any basis.
17.For the foregoing reasons, facts and circumstances of the case, grounds of the appeal and arguments advanced by the learned counsel appearing for the appellant, the Court is of the view that the Tribunal has come to a conclusion that the accident had happened due to negligence of the driver of the bus. This finding of the Tribunal has been arrived at after scrutiny of the Ex.P1-FIR. As such, the Court affirms the findings of the Tribunal on this aspect. Regarding quantum of compensation, the age of the deceased was 50 years as per Post-mortem Report and monthly contribution has been taken as Rs.1,900/- after deducting personal expenses, which is reasonable and adopting a multiplier of 13, awarded a sum of Rs.2,96,400/- for loss of income. The Court finds this also reasonable and as such confirms the award under this head. The 1st and 3rd claimants were awarded a sum of Rs.20,000/- for loss of consortium and the amount awarded is reasonable. For loss of love and affection, sum of Rs.15,000/- and Rs.25,000/- had been awarded by the Tribunal to the 2nd and 4th claimants respectively, which this Court view as reasonable. The transport expenses of Rs.1,000/- and funeral expenses of Rs.5,000/- were awarded by the Tribunal. In total, the Tribunal rounded off the award to as Rs.3,83,000/- together with interest at the rate of 7.5% per annum from the date of filing the petition to till the date of payment of the compensation. This award granted by the Tribunal is found to be fair, equitable and prudent too, by this Court, and is payable by the appellant, State Transport Corporation.
18.On 22.11.2007, this Court imposed a condition to deposit the entire compensation amount awarded by the Tribunal into the credit of the M.C.O.P.No.1112 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Court, Salem. Thereafter, the 1st to 3rd claimants were permitted to withdraw 50% of their respective shares from the Tribunal.
19.As the accident happened in the year 2005, it is open to the claimants 1st, 2nd and 3rd /respondents to withdraw their balance apportioned share of the award amount with accrued interest, lying into the credit of the M.C.O.P.No.1112 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Court, Salem, after filing necessary payment out application in accordance with law. This Court directs the Tribunal to deposit the apportioned share amount of fourth claimant in any one of the Nationalised Banks, under the re-investment scheme, till she attains major. The fourth claimant, after becoming major, is at liberty to withdraw her apportioned share of the award with accrued interest, from the Tribunal, after filing necessary payment out application, in accordance with law.
20.In the result, the above Civil Miscellaneous Appeal is Dismissed and the award and decree dated 27.04.2007, made in M.C.O.P.No.1112 of 2005, passed by the Motor Accident Claims Tribunal, Additional District Court, Salem is confirmed. Consequently, connected civil miscellaneous petition is also closed. No costs.
krk To
1.Motor Accidents Claims Tribunal, Additional District Court, Salem.
2. The Section Officer, VR Section, High Court, Madras