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Synopsis

The Madras High Court has recently directed the Tamil Nadu State Transport Corporation to pay Rs 1.04 crores as compensation to the family of a 33-year-old man who tragically lost his life after coming under a bus at a bus stand in Dharmapuri district in 2016.

A bench of Justices Nisha Banu and D Bharatha Chakravarthy, through the judgment passed on July 17, increased the compensation amount of Rs 83 lakh, previously awarded to the victim's family by the Motor Accidents Claims Tribunal (MACT), to Rs 1.04 crores.

An appeal was filed by Tamil Nadu State Transport Corporation Limited against the award granted by MACT to the kin of the deceased. On the other hand, cross objections were filed by the family of the deceased being not satisfied with the compensation awarded.

Court was apprised that the man, who was an M.Sc and an M.Phil degree holder in Chemistry and was working as Assistant Manager in a company, was waiting at the Salem New Bus stand for a bus to Hosur when a bus came in reverse direction and the man got crushed under another bus which suddenly came from the other side.

The family of the deceased then filed a claim petition for a total sum of Rs 2 crores as compensation. However, it was resisted by the Corporation on the ground that it was only the fault of the deceased as well as the other bus which came and suddenly stopped.

The claims tribunal calculated the compensation, by taking the monthly income of the deceased at Rs.47,900 and passed the Award.

The contention raised by the counsel for the Corporation was that it was only the deceased who was erroneously and negligently standing on the rear side of the Corporation's bus and only the acts of the other bus driver and the deceased alone were responsible for the accident.

However, the counsel appearing for the claimant submitted that while considering the salary slip, the trial Court did not include the employer's contribution towards the Provident Fund, HRA., etc., while determining the monthly income, therefore, the compensation was inadequate.

The high court found that the accident happened only due to the negligence of the bus driver of the bus which came in reverse direction, thus, the Corporation was liable to pay the compensation. 

Regarding the contention that the deceased himself was standing at the wrong side of the bus stand platform, court said,

"...in the Indian context, it is common knowledge that the passengers enter the bus stand and the platform from all directions and so far, the bus stands are not provided with busbays with access only through subways or overhead platforms with due gates, which is the case in railway stations and airports and it is the case which is done in bus stands in many other countries. Therefore, the said argument cannot be accepted."

Regarding the quantum of the compensation, the high court held that though the trial court had rightly taken Rs. 47,921 as the gross monthly earning of the deceased, the total award was lesser than it should have been as per Sarla Verma (Smt) and Ors. Vs. Delhi Transport Corporation and Anr (2016).

Accordingly, court held the claimants entitled to a total compensation of Rs.1,04,24,605 while dismissing the Corporation's appeal. 

Case Title: The Managing Director, Tamil Nadu State Transport Corporation Limited v. Mythili and Others with One connected matter