HC upholds relief for accident victim’s kin

TIMES NEWS NETWORK

Madurai:11.10.2021

The Madras high court has confirmed the compensation awarded to the family members of a car driver who was killed in a road accident when a government bus collided with his car in Sivaganga in November 2004.

Kannan was driving a car on Thirupathur-Sivaganga Road when the bus coming in the opposite direction collided with it, killing him on the spot. His family members moved the motor accidents claims tribunal for compensation. The tribunal directed the transport corporation to pay ₹17.07 lakh compensation to the victim’s family as the accident happened due to the rash and negligent bus driver. It was also asked to pay ₹40,000 to the car owner who also sought compensation. The transport corporation challenged both the orders before HC Madurai bench.

The standing counsel for the transport corporation submitted that the bus driver had stated that the accident occurred due to the negligence of the car driver against whom a criminal case was also registered. Without considering these facts, the tribunal had erroneously fixed negligence on the bus driver, he said.

A division bench of Justice V Bharathidasan and JusticeJ Nisha Banu observed that an eyewitness had stated that the accident had occurred due to the negligence of the bus driver. The evidence of the bus driver cannot be taken into consideration as he is an interested witness. The transport corporation did not examine any of the passengers on the bus to prove that the accident occurred due to the rash and negligent driving of the deceased. Therefore, the judges said the tribunal had rightly fixed the negligence on the part of the bus driver.

The judges observed that though the claimants, who are the widow, parents, minor child and unmarried brothers and sisters, are entitled to consortium of ₹40,000 each, the tribunal had not granted any amount to them.

The judges dismissed both the appeals by the transport corporation.