THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM DIVISION II) LTD SATHUVACHERI VELLORE Vs. S GOUSELYA

JUDGEMENT

(1.) BEING aggrieved by the finding regarding negligence and the quantum of compensation awarded to the wife and other legal representatives, Respondents herein, the Appellant/State Transport Corporation has preferred this Appeal.

(2.) ACCORDING to the Respondents/ Claimants that on 1.4.1999, while the Petitioner’s husband Selva Kumar was attempting to board a Transport bus bearing Registration No.TN-23-N-1322, the driver of the bus, suddenly started the vehicle in a rash and negligent manner and dashed against the right side of another bus bearing Registration TN-23-N-0688. Due to the accident, Selva Kumar sustained grievous injuries and died. ACCORDING to the Respondents/Claimants, at the time of accident, he was a Salesman and earned Rs.2,500/- per month. They have claimed compensation of Rs.4,00,000/-. The Appellant / State Transport Corporation resisted the claim contending inter alia that when the bus was slowly moving near C.M.C. Hospital bus stop opposite to C.M.C. Hospital out-gate, the said Selva Kumar came running and tried to board a moving bus bearing Registration No.TN-23-N-1322 through the rear entrance and at that time, when the above said bus was negotiating another bus parked just in front or the bus and when it was turning to its right, the said person who was trying to board the moving bus, caught in between the two buses and he dashed against the stationed vehicle and sustained injuries and in these circumstances, the Corporation contended that the accident was not due to the rash and negligent driving of the bus bearing Registration No. TN-23-N-1322. It is therefore submitted that the accident occurred solely due to the fault of the deceased, who tried to board a moving bus. Without prejudice to the above, the Appellant/Transport Corporation also disputed the monthly income of the deceased and the quantum of compensation claimed under various heads.

(3.) THOUGH the Appellant-Transport Corporation, has disputed the finding regarding negligence and the compensation awarded to the Respondents/Claimants, placing reliance on the decisions of this Court in 2006 (3) CTC 141, and Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam-Division II) 2009 (2) TN MAC 348, learned Counsel for the Respondents/Claimants submitted that though a claim of Rs.4,00,000/- was made for compensation towards pecuniary and non-pecuniary losses including loss of love and affection, and other conventional damages, the Tribunal has failed to award a just and reasonable compensation. He also submitted that as per the decision of the Supreme Court in 2009 (2) TN MAC 1 (SC) : 2009 (4) MLJ 997, the Tribunal ought to have deducted only 1/4^th from the annual income, towards Personal and Living Expenses of the deceased and arrived at appropriate dependency compensation, instead of deducting 1/3^rd for the above said purpose.