Skip to main content

High court orders TNSTC to pay 20.76 lakh to kin of accident victim

The Madurai bench of the Madras high court on Friday upheld an order of a Motor Accidents Claim Tribunal, Trichy, awarding Rs 20.76 lakh to the family of a government school headmistress who died in an accident in 2006.

While upholding the tribunal's order, the division bench of justices V Dhanapalan and V M Velumani dismissed an appeal filed by the Tamil Nadu State Transport Corporation (TNSTC), Pudukottai.

The case pertains to the death of Lukkas Mary, who was working as headmistress at a panchayat middle school at Konnayampatti in Ponnamaravathi union in Pudukottai district.

Mary died on November 13, 2006 while riding pillion on a two-wheeler with her friend Irudayraj Leo on Pudukottai-Manaparai Road. She was on her way to a bank when a TNSTC bus coming in the opposite direction dashed against the two-wheeler. Though Leo escaped with minor injuries, Mary fell on the road and was crushed by the rear wheels of the bus. Mary died on the spot.

Claiming Rs 25 lakh as compensation with the rate of 12 % interest, Mary's husband P Simon Peter and their two children, Paul Pradeep and Jennifer Sofia, both minors then, filed a petition with the tribunal in 2007.

After two years of trial, the tribunal ordered the TNSTC, Pudukottai, to pay a compensation of Rs 20.76 with the rate of 7.5% interest in November 27, 2007.

The TNSTC filed an appeal in the high court challenging the tribunal's award arguing that the accident took place due to the negligence driving of both the drivers of the bus and two-wheeler and the tribunal had erred in fixing the liability only on the TNSTC alone.

The tribunal also failed to take into account the benefits such as pension the family of the victim would receive as she was a government employee, the appeal said.

After hearing arguments of both the sides, the high court bench said it is well settled that when two vehicles are responsible for an accident, claim can be made on any one of the owner of the vehicles and the tribunal had applied the ratio in proper perspective. The claim can be made only against the transport, the court said.

As far as quantum of compensation was concerned, the bench said it found no reason to interfere with the tribunal's order. "In the absence of any evidence to disprove the age and income of the deceased, also taking into account of the family circumstances, we are not inclined to interfere with the quantum awarded by the tribunal and accordingly, it is confirmed in all respects," the bench said.

Article referred: http://timesofindia.indiatimes.com/city/madurai/High-court-orders-TNSTC-to-pay-20-76-lakh-to-kin-of-accident-victim/articleshow/45582732.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.