MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD , KANCHIPURAM Vs. S JAGADISH ALIAS C JAGADEESAN

JUDGEMENT

(1.) This appeal is filed by the Transport Corporation challenging the award of the Motor Accident Claims Tribunal (First Additional District Court), Salem, dated 28.02.2011 made in M. C. O. P. No. 7 of 2009 wherein, as against the claim of the respondent/claimant for Rs.25 lakhs, the Tribunal awarded Rs.18,81,308/-with interest at 7.5% per annum from the date of petition till the date of realisation.

(2.) Before the Tribunal, the respondent-claimant stated that on 14.03.2008 around 8.40 p.m., when he was riding TVS-50 bearing Registration No.TN-31-O-2623 along with the deceased Balakrishnan, son of the claimants in the connected M.C.O.P.No.1363 of 2008, from Ayothiapattinam to Chinna-goundapuram on the extreme left side of the road, near Chinnagoundapuram Division Road, a bus bearing Registration No.TN-21-N-1041 belonging to the appellant-Transport Corporation came from East to West, driven by its driver in a rash and negligent manner and hit against the TVS-50, due to which, the deceased Balakrishnan and the injured claimant Jagadeesan sustained multiple injuries and they were taken to Government MKMC Hospital, Salem, and the said Balakrishnan died on the same day. The injured claimant (respondent herein) was admitted as in-patient in Government MKMC Hospital, Salem for three days and then shifted to Vinayaga Missions Hospital, Salem, where he took treatment from 17-03-2008 to 17.08.2008. As he suffered severe injuries on his head and scapula, he is not able to recognise what is going on around him and he is not in proper consciousness and hence, he is represented by his father. The injured claimant was aged about 19 years at the time of accident and working as a Cleaner in S.Kumar Roadways and earned Rs.5,000/- p.m. and daily batta of Rs.100/-. Hence, the injured claimant, represented by his father, has filed the claim petition seeking compensation of Rs.25 lakhs from the appellant-Transport Corporation.

(3.) The appellant-Transport Corporation filed counter statement before the Tribunal denying the age, avocation, income, treatment, disability and the dependency of the injured claimant and also the manner in which the accident took place. It is their averment that the accident took place only due to rash and negligent driving of the claimant and not due to the driver of the appellant-Transport Corporation. The claimant was not holding any valid driving licence. The claimant failed to implead the owner and the insurer of the TVS-50 and hence, the petition is bad for non-joinder of necessary parties. The Transport Corporation is not at all liable to pay the compensation, which is claimed excessive.