Tamilnadu State Transport Corporation Ltd. Trichy, Rep by its General Manager Vs. Lekshmana Perumal - Court Judgment

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 30.06.2006 passed in MCOP.No.85 of 20005 on the file of the Motor Accident Claims Tribunal, Devakottai.)

Judgment:

S.M. Subramaniam, J.

1: It is the case of an injury caused due to the accident took place on 03.06.2005 about 9.15 p.m near Chekkalai road at Karaikudi. The injured victim filed an application in MCOP.No.85 of 2005 before the Motor Accident Claims Tribunal, Devakottai, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.3,41,788/- as total compensation with interest at 7.5% per annum. The present appeal is filed by the Tamil Nadu State Transport Corporation on the ground that 50% of the liability is fixed on the driver of the appellant corporation bus and the balance 50% was fixed on the respondent/claimant himself, in view of the fact that the claimant also committed a gross negligence and caused the accident. The contention of the appellant is that the Tribunal found that the driver of the transport corporation bus was proceeding in right direction and it is the respondent/claimant, who committed a mistake and due to his wrong entry on the road, the accident took place and therefore, the Tribunal ought to have fixed 100% disability on the respondent/claimant and the appellant corporation ought to have been exonerated in totality.

2. On reading of the findings of the Tribunal, it is clear that the factum of the accident was proved and further, the respondent/claimant got injured. This apart, there was a damage in the front portion of the bus. The Tribunal had come to the conclusion that both the driver of the appellant bus and the respondent/claimant also were in error at the time of accident and therefore, the Tribunal has rightly fixed liability of 50% on the respondent/claimant and total exoneration of liability as advanced by the appellant corporation cannot be accepted, in view of the fact that the driver, who was driving the transport corporation bus also committed an act of negligence by not stopping the vehicle in time. Hence, apportionment of negligence in the ratio of 50:50 as between the driver of the transport corporation bus and the respondent/claimant is in order and the same is confirmed.

3. The appellant is directed to deposit 50% of the award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already. On such deposit, the respondent/claimant, is permitted to withdraw the same, less the amount already withdrawn, if any, through RTGS, by filing necessary applications before the Tribunal.

In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)No.3 of 2007 is closed.