The Vice Chairman And Managing v. Bharathy

In the High Court of Judicature at Madras Dated : 24.6.2015 Coram :

The Honourable Mr.Justice V.RAMASUBRAMANIAN and The Honourable Mr.Justice T.MATHIVANAN Civil Miscellaneous Appeal No.1267 of 2015 and M.P.No.1 of 2015 The Vice Chairman and Managing Director, Andhrapradesh State Road Transport Corporation Ltd., Tirupathi-571501.

...Appellant Vs 1.Bharathy 2.Minor Moulish rep.by next friend & mother Bharathy 3.Muniyappan 4.Chinnathayee 5.Sasikala

...Respondents

APPEAL under Section 173 of the Motor Vehicles Act, 1988 against the order dated 17.10.2014 made in M.C.O.P.No.863 of 2013 on the file of the Motor Accidents Claims Tribunal (Special District Court), Krishnagiri. For Appellant : Mrs.G.V.Shoba JUDGMENT WAS DELIVERED BY V.RAMASUBRAMANIAN,J This appeal is by the Andhrapradesh Road Transport Corporation challenging an award passed by the Motor Accidents Claims Tribunal.

2. Heard Mrs.G.V.Shoba, learned counsel for the appellant.

3. In a road traffic accident that happened on 23.7.2013, one Mr.Senthilkumar died, leaving behind him surviving his wife, one minor son, parents and one unmarried sister. All of them joined together and filed a claim petition in M.C.O.P.No.863 of 2013 claiming compensation in a sum of Rs.25 lakhs. By an award passed on 17.10.2014, the Tribunal fixed the compensation payable at Rs.17,48,000/-. Aggrieved by the said award, the Transport Corporation is before us.

4. The learned counsel for the appellant mainly canvassed two points namely (a) that the accident happened due to the negligence on the part of the deceased, who was riding a motor vehicle without a valid licence and (b) that the Tribunal arbitrarily fixed the monthly income of the deceased at Rs.9,000/-.

5. But, we do not think that both the above grounds can be sustained. A careful look at the award of the Tribunal shows that the Head Constable attached to the concerned Police Station was summoned on behalf of the Transport Corporation and examined as R.W.2. During her cross examination, she admitted that the accident occurred at Krishnagiri - Tirupathi National Highway and that the width of the road was sufficient to have two vehicles easily cross each other. She also agreed that the accident took place on the left side of the road.

6. Therefore, the contention of the learned counsel for the appellant that the accident occurred on the right side of the vehicle of the Transport Corporation cannot be accepted. The Tribunal has appreciated the evidence of R.W.1 and R.W.2, in the proper perspective. Even if any other view is possible, we do not think we would substitute our view for the view of the Tribunal in this regard, especially on a

question of fact of this nature.

7. The Tribunal has categorically held, based upon the evidence of R.W.1, that the driver of the vehicle of the Transport Corporation, had sufficient time to avert the accident. Therefore, the conclusion that the accident happened due to the rash and negligent driving of the vehicle of the Transport Corporation cannot be interfered with.

8. In so far as the second contention is concerned, it was claimed by the respondents that the deceased was employed as a carpenter earning a monthly income of Rs.20,000/-. It is true that no evidence was let in to prove the monthly income. But, it is impossible for street labourers like artisans, carpenters, plumbers, electricians et al to prove their monthly income by documentary evidence. As against the claim of Rs.20,000/- per month, the Tribunal has taken only Rs.300/- per day as daily wages for a carpenter. This is definitely not on the higher side. Therefore, we do not agree with the second contention also. The award has been very fair and reasonable and does not call for any interference.

9. Accordingly, the civil miscellaneous appeal is dismissed. Consequently, the above MP is also dismissed.

10. The appellant is granted eight weeks' time to deposit the amount. 24.6.2015 Internet : Yes To The Motor Accidents Claims Tribunal (Special District Court), Krishnagiri. RS

V.RAMASUBRAMANIAN,J AND T.MATHIVANAN,J RS CMA(NPD)No.1267/2015 and M.P.No.1 of 2015 24.6.2015