K. ANANTHI Vs. PRABUKUMAR AND OTHERS

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment and decree dated 14.03.2014 made in M.C.O.P.No.54 of 2013 on the file of the Motor Accident Claims Tribunal (Special District Judge), Erode.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of death. The petitioner/claimant states that on 02.05.2011 at about 11.45 a.m., when she was travelling with her husband, R.Kandasamy, the deceased in the 2nd respondent/Transport Corporation bus bearing Registration No.TN-38-N-2074 from New Bus stand, Coimbatore to Gandhipuram Bus Stand, the 1st respondent/driver had driven the vehicle in a rash and negligent manner and as he turned the bus at high speed, the deceased who was standing near the front door, fell down suffering grievous head injury and subsequently died in the hospital on the same day. The accident occurred only due to rash and negligent driving of the bus by the 1st respondent driver. At the time of the accident, the deceased was aged 34 years and was doing agricultural work, getting Rs. 8,000/- per month from the agricultural work and a further sum of Rs. 12,000/- per month from his Real Estate business. The petitioner who is the wife of the deceased is dependent on the income of her husband who is the sole breadwinner of the family. Hence, the petitioner seeks a sum of Rs. 15,00,000/- as compensation from the 2nd respondent/Transport Corporation.

(3.) On the other hand, opposing the petition by filing the counter, the 2nd respondent/Transport Corporation denied the claim of the petitioner, that the accident occurred due to the negligent driving of the bus by the 1st respondent driver herein. The respondent states on the fateful day, the bus bearing Registration No.TN-38-N-2074 was proceeding in its regular trip and at about 11.45 a.m., as the bus moved from the Saibaba colony bus stand and about 200 feet away turned to right side, a male passenger, who was standing near the front entrance of the bus fell down from the front foot board and sustained grievous injuries. In spite of the instructions of the Conductor of the bus to the passenger to get inside the bus, the deceased did not mind the same and stood on the foot board inspite of warning by the conductor. Thus, the negligence of the deceased alone resulted in the occurrence and as such the claim of the petitioner is not correct. The age, occupation, income of the deceased is disputed. The Tribunal, has not properly considered the materials available on record and awarded a sum of Rs. 8,99,000/- as compensation. The claim of the petitioner is exorbitant. Hence the 2nd respondent/Transport Corporation seek dismissal of the petition.