PALLAVAN TRANSPORT CORPORATION Vs. L VANITHAMANI

JUDGEMENT

(1.) THIS appeal is by the Transport Corporation against the award of Rs. 6,00,000/- as compensation to the claimants.

(2.) THE claim is made by the wife, children and parents of the deceased. THE accident occurred on 29.1.1990 at about 7 pm when the deceased was going in a cycle sitting in the pillion from Spencer tower to Thyagaraya Nagar from north to south near Anna Salai, Thousand lights market. THE bus bearing Registration No. TCB. 4974 owned by the appellant came from behind in the same direction and hit the cycle. THE bus was driven in a rash and negligent manner. THE deceased fell on the right side of the cycle and the bus ran over his head killing him on the spot. THE case of the appellant was that the bus was being driven in a proper manner in accordance with the rules and the cyclist dashed against the bus while if was passing ahead of him. According to the appellant, the driver of the bus was in no way responsible for the accident as he was driving the bus slowly and cautiously.

(3.) ON the question of negligence, it is contended by learned counsel for the appellant that the evidence on record does not prove the rash and negligent driving of the bus. We are unable to accept this contention. When we peruse the evidence we find that the claimants have proved beyond doubt that the bus was driven in a rash and negligent manner. Though the driver of the bus has given evidence denying the allegations of the claimants, we are unable to accept the said evidence. The tribunal has rightly disbelieved the evidence of the tribunal. In fact, in cross examination, the driver has deposed that he had not seen the cycle before the accident occurred. But, in the counter statement, it is stated that the cyclist fell down because he lost the balance when the bus was going near the cycle. The tribunal has found that the cyclist was going very near the platform on the left side and the bus had dashed against the cycle at that stage. Even the sketch of the place of accident marked as Ex. P-5 proves that the accident could not have occurred but for the rash and negligent driving of the bus. We have no hesitation to accept the evidence adduced on the side of the claimants and confirm the finding of the tribunal. 4. It is seen that the deceased was aged about 34. According to the first claimant, the deceased was earning about Rs. 4,000/- and odd and he was handing over a sum of Rs. 2,000/- every month to her to run the family. The Tribunal has adopted the multiplier of 24 and arrived at the figure of Rs. 5,76,000/-. The Tribunal has stated that no amount can be deducted from Rs. 2,000/-, as the said sum was being paid to the wife by the husband only after deducting his own expenses. The Tribunal proceeded to award a sum of Rs. 10,000/- to the first claimant for loss of consortium and Rs. 5,000/- each to claimants 2 and 3, minor children, for loss of love and affection and a sum of Rs. 4,000/- to the 4th claimant, father of the deceased for loss of love and affection. The Tribunal has apportioned the total amount of Rs. 6,00,000/- by awarding Rs. 2,00,000/- to the first claimant, Rs. 1,75,000/- to each of the minor children and Rs. 50,000/- to the 4th claimant. The chaimants have not preferred any appeal to this court.