STATE EXPRESS TRANSPORT CORPORATION Vs. PONNUSAMY

JUDGEMENT

(1.) Since all the above Appeals arose from a common award of the Motor Accidents Claims Tribunal (II Small Causes Court), Chennai, they are being disposed of by the following common judgment. The State Express Transport Corporation, Tamil Nadu Division-2 (formerly known as J. Jayalalitha Transport Corporation), Chennai-5 has preferred C.M.A.Nos. 1884/2000 etc., questioning its liability, more particularly the method of apportioning the liability equally on the Transport Corporation bus and the Tanker lorry.

(2.) New India Assurance Company has preferred C.M.A.Nos. 292 to 296/2001 challenging the quantum of compensation arrived by the Tribunal as excessive and unreasonable. The claimants have not challenged the award on any aspect. BRIEF FACTS

(3.) On 12-3-95 at about 11.30 hours about 40 persons were travelling in Tractor and Trailer bearing Registration No. TCH 9169 and TCH 1685 from Keelpodavur village to Sunkuvarchathiram along Grand West Trunk Road, west to east direction. The tractor was driven by one P. Venkatesan, who is none else than the son of the owner of the tractor. While the said tractor was proceeding near Senthamangalam village, a Tanker lorry M.H.04-B-2555,owned by 4th respondent in M.A.C.T.O.P.No.1051/95 which was duly insured with 5th respondent-New India Assurance Company Limited, carrying highly inflammable materials came from behind and attempted to overtake the tractor. At that time, a bus bearing Registration No. T.N.07-N-9130 belonging to the Transport Corporation, proceeding from Madras to Bengalore, came from the opposite direction. Both the tanker lorry and the bus had an head-on collision. Both the vehicles heavily damaged and caught fire. The highly inflammable materials (Acid) that were carried in the lorry spilled and doused the tractor and the trailer which were adjacent to the tanker lorry and the tractor and trailer were also burnt. The passengers travelling in the tractor were burnt alive. Except few others who sustained severe burn injuries, most of the tractor passengers burnt to death. The driver and cleaner of the lorry, and the driver and conductor of the bus were also burnt to death. Some of the passengers in the bus also died due to burns. Some of the bus passengers managed to escape by breaking open the rear glass panel. In all about 49 persons died in the accident and about 15 persons sustained severe burn injuries. All the three vehicles totally burnt.