COMMISSIONER, THENI ALLINAGARAM MUNICIPALITY Vs. THIRU. MURUGAN

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 10.06.2016 made in MCOP.No.74 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Theni.

(2.) It is the case of the respondents 1 and 2/claimants that on 23.07.2012, about 0.45 hours, one Ranjith Kumar was returning from Theni to Kunnoor after purchasing garments at Theni Anantham Textile Shop, in a two wheeler bearing registration No.TN-60-K-0221 belonging to the 3rd respondent insured with the 4th respondent insurance company, on Theni-Madurai main road, seating with two pillions namely, Veerakumar and Palpandi. While they were proceeding on Theni-Madurai main road, at Balu Furniture Shop, the motorcycle dashed against the heap of mud on the road and they fell down, in which, pillion Veerakumar died and rider Ranjith Kumar and another pillion Palpandi sustained injuries. Claiming compensation of Rs. 40,00,000.00 for the death of Veerakumar, the parents filed MCOP.No.74 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Theni, contending that the appellant municipality which is engaged in the operation of under-ground drainage scheme for the improvement of Theni-Allinagaram, had blocked the road by heap of mud, obstructing the regular traffic without giving any signal marks and therefore, the accident had occurred. The appellant municipality and 3rd respondent insurance company resisted the claim petition by filing counter affidavits. Considering the oral and documentary evidence adduced on either side, the Tribunal held that the rash and negligent riding of the rider of two wheeler/Ranjith Pandi and the reckless act of the appellant municipality by heap of mud on the road obstructing the regular traffic without giving any signal marks, were the causes for the accident. Though the Tribunal arrived at the compensation at Rs. 11,74,000.00, taking note of the fact that three persons travelled in the motorcyle, thereby, the deceased also invited the accident, fixed 10% negligence on the deceased Veerakumar and awarded compensation of Rs. 10,56,600.00 payable by the appellant, 3rd respondent/owner of two wheeler and its insurer/4th respondent jointly or severally, with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the said award, the appellant municipality has filed this appeal.

(3.) Learned counsel for the appellant would submit that at the time of accident, both the rider and two pillions of the motorcycle were in drunken mood which has been categorically admitted by one of the pillions Palpandi in his evidence and therefore, the appellant is not liable to pay compensation. Further, travelling of three persons in a motorcycle is against the traffic rules and Ex.Pl-FIR and Ex.P-12-charge sheet have been filed only against the rider Ranjith Kumar and in the said documents, there is no whisper about the appellant. He further submitted that the Tribunal ought to have considered Exs.Rl and R2 which would show that contract was entered into between M/s.V.V.V. Constructions and TWAD Board for carrying out the work of underground drainage scheme for the improvement of Theni-Allinagaram and if for any untoward incident happened in the work spot, the contractor alone is liable and therefore, the appellant is not liable to pay compensation. In support of his contention regarding negligence, learned counsel for the appellant relied on the following judgments:-