BHARATHI Vs. MANAGING DIRECTOR TNSTC PATC VELLORE

JUDGEMENT

(1.) IN the claim petition it is alleged that on 27.10.2001 at about 4.00 p.m. while the deceased was driving in his own Auto bearing Registration No.TN-23-Q-2082 from Arcot to Vellore, a bus belonging to the respondent Transport Corporation bearing Registration No, TN-23-N-1419 was driven by its driver in a rash and negligent manner and dashed against the auto and the deceased died on the spot. He was owner cum driver for the auto and was earning Rs.6,000/- per month. Hence, Rs.10 lakhs is claimed as compensation by the claimants.

(2.) IN the counter filed by the respondent/Transport Corporation it is stated that though the driver of the Corporation is made party of the proceedings, the accident did not take place as alleged in the petition. The deceased did not know how to drive Auto-rickshaw. Because of his lack of knowledge in driving, the drove the vehicle at excessive speed, could not control the vehicle, which crossed the median line and veered onto the extreme right side of the road and on seeing it, the bus driver stopped the bus, but the auto driver did not stop the vehicle and collided head on against the bus and that he is entirely responsible for accident. Auto-rickshaw was one used for the transport of goods but at the time of accident, due to over load, the driver was not able to drive his auto property. The age, income and other factors are not correct. The claim is excessive. Hence, the claim petition has to be dismissed.

(3.) IN view of this Court the above award appears to be on the lower side. It is in evidence that the deceased was earning a sum of Rs.6,000/- per month as driver and he was also owning an Auto. Learned counsel for the claimant would also say that the future prospects may also be considered and it may also be taken for assessing compensation. IN the circumstance available in the case, the monthly income of the deceased is fixed as Rs.3,000/- and after deducting 1/3rd, it may be observed that he may be contributed to Rs.2,000/- to his family and appropriate multiplier to be applied is 15 since he was aged 35 years at the time of accident. Hence the total dependency would be Rs.3,60,000/-. Rs.10,000/- is fixed towards loss of consortium for the first claimant/wife instead of toward loss of consortium for the first claimant/wife instead of Rs.5,000/. The second and third claimants are their minor daughters, 4th claimant is mother of the deceased, a sum of Rs.10,000/- is granted towards loss of love and affection and Rs.5,000/- for funeral expenses is also awarded. IN total the claimants are eligible Rs. 3, 85,000/- as compensation.