THOZNILALAR TRANSPORT COMPANY Vs. VALLIAMMAL

JUDGEMENT

(1.) THE owner of a bus, against whom and his insurer the Motor Accidents Claims Tribunal has passed an award apportioning the liability as between them, has filed the present appeal contending that the deceased was not a passenger at the time of the accident and that, therefore, the liability of his insurer is unlimited and also contending that the quantum of compensation awarded is excessive. The claimants (respondent Nos. 1 to 3) have preferred cross-objections on the ground that the compensation awarded is grossly inadequate.

(2.) FACTS briefly are: On 5.3.1980 the deceased Jayaraman, who is the husband of the first respondent and the father of the second respondent and the son of the third respondent, was travelling in a passenger bus bearing registration No. MDJ 3092 belonging to the appellant and insured with the fifth respondent. The bus was driven by the driver, the fourth respondent. The deceased who had boarded the bus at Alangayam was due for Chekkumedu. When the bus stopped at the bus-stop at Chekkumedu, the deceased got down from the bus and before he could safely land on the ground, the fourth respondent started the bus, as a result of which the deceased fell down and was run over by the rear wheel of the vehicle. Since the accident was due to the rash and negligent act of the fourth respondent in starting the bus before the deceased had safely alighted from the bus, respondent Nos. 1 to 3 filed MAC.O.P. No. 17 of 1981 under Section 110-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') before the Motor Accidents Claims Tribunal (Subordinate Judge) Tiruppattur, North Arcot District, claiming a total compensation of Rs. 50,000/-.

(3.) BEFORE the Tribunal, on behalf of respondent Nos. 1 to 3, the first respondent examined herself as PW 1 and examined one Mutha Gounder, an eye-witness to the occurrence, as PW 2. Exhs. A-l to A-6 were marked on their side. On behalf of the appellant and respondent Nos. 4 and 5, the fourth respondent driver was examined as RW 1 and the policy of insurance was marked as Exh. B-l.