The Hindu : Tamil Nadu News : Order to STC on compensation to passenger upheld

Online edition of India's National Newspaper
Friday, Mar 03, 2006

Tamil Nadu

Tamil Nadu

Order to STC on compensation to passenger upheld

K.T. Sangameswaran

State Consumer Forum says the bus conductor is responsible for passengers' luggage

CHENNAI: The State Consumer Disputes Redressal Commission has said that as per the Motor Vehicles Rules, it is the responsibility of a bus conductor to carefully transport the luggage of passengers.

The Commission upheld the order of a District Consumer Disputes Redressal Forum (DCDRF), directing the Managing Director of the Tamil Nadu State Transport Corporation (Villupuram-Division I) to pay a passenger Rs. 5,000 towards loss of his bag — Rs. 1,000 as compensation and Rs. 1,000 as costs.

The Bench, comprising Justice K. Sampath, president, and R. Vanaroja and Pon. Gunasekaran, members, said it was not open to the transport corporation to escape liability by saying it was the responsibility of the goods owner to take care of his luggage.

In a complaint to DCDRF, Villupuram, G. Chakrapani of Melppambadi in Gingee Taluk said he travelled in a transport corporation bus from Gingee with a bag, weighing 50 kg, in October 1999. He paid the luggage charge. When the vehicle stopped at Sambalpatti, his luggage and that of another passenger were missing. When he asked the conductor to stop the bus, the crew made him get down and drove away.

Corporation stand

The transport corporation said it was the responsibility of the owners to secure the bags properly. Having been careless, it was not open to find fault with the corporation employees. When the passengers said they had no money for their expenses, the conductor gave them Rs. 20 each. Thereafter, the two said they would search for their bags and went away.

The DCDRF accepted the case of the complainant. Against this, the transport corporation preferred appeal.

In the order dismissing the appeal, the Bench said as per rule 79 (8) of the Motor Vehicles Rules, it was the conductor's responsibility to transport the passengers' luggage carefully. In this instance, it was not done.

The complainant tied the luggage to the vehicle and also paid the luggage charge.

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