The Hindu : Tamil Nadu / Chennai News : Court awards compensation to family of accident victim

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Friday, Jul 11, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Court awards compensation to family of accident victim

K.T.Sangameswaran

CHENNAI: Citing a High Court judgment that safety of passengers while alighting from a bus and boarding the vehicle is in the hands of the driver and conductor, a Court of Small Causes here has awarded a compensation of Rs.6.93 lakh (including interim award passed if any) with 7.5 per cent interest to the family of a person who died in an accident involving a Metropolitan Transport Corporation (MTC) bus.

In their petition, filed by counsel V.S.Suresh, petitioners R.Saroja and her three minor children said in September 2002 G.Ramarao (35), a labourer, was getting down from an MTC bus on route 19-B (Saidapet to Kelambakkam) at the Ekattur bus stop when the driver drove the vehicle in a rash and negligent manner. Ramarao fell down and succumbed to head injuries.

In its counter, the MTC, represented by its Managing Director, said that before the bus stopped at the Ekattur stop, the passenger got down from the moving bus. The accident happened owing to the passenger’s ignorant and reckless act.

In her judgment, N.Meenal, Judge, IV Court of Small Causes, Chennai, referred to two judgments of the Madras High Court, cited by the petitioner, in which it was held that “even if the claimant had attempted to alight from the moving bus it was the duty of the conductor and the driver to see that no passenger alights from the moving bus and the passengers ought to have been instructed or warned. But no independent evidence has been produced to prove that in respect of such warning or instruction he attempted to alight.”

In the other judgment too, the preposition laid down by the High Court was that safety of passengers while getting inside and getting down from a bus was in the hands of the driver and the conductor and it was the fundamental duty of the crew. In the absence of exercise of such care, they should be held responsible.

Mrs.Meenal said that in the present case also, there was no proof that any warning or instruction was issued by the conductor or the driver to prevent the passenger from alighting from the moving bus. Therefore, the responsibility was being fixed on the MTC driver, she said.

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