MUNICIPAL CORPORATION OF GREATER BOMBAY Vs. LAXMAN IYER

JUDGEMENT

(1.) Leave granted.

(2.) The Municipal Corporation of Greater Bombay (hereinafter referred to as the Corporation) questions legality of the judgment rendered by learned single Judge of the Bombay High Court in the appellate side. The said appeal related to a judgment and award passed by the Motor Accidents Claims Tribunal for Greater Bombay (for short the Tribunal) adjudicating a claim petition under Section 110-A of the Motor Vehicles Act, 1939 (in short the Act).

(3.) One Kumar (hereinafter referred to as the deceased) lost life in a vehicular accident which occurred on 15-8-1989. Vehicle No. MMK 6623, a bus belonging to the Corporation was the offending vehicle. Claim of rupees six lakhs was made by the parents of the deceased (respondents in this appeal). According to the claimants, when the deceased was going by his bicycle suddenly the offending vehicle dashed against him. The impact of the accident was so severe that the deceased was thrown to some distance and sustained various serious injuries which resulted in his death. The deceased was aged about 18 years at the time of accident. He was a good student and would have entered to income earning services shortly. The Corporation took the stand that the deceased had suddenly come from the left side of the bus from Chembur Railway Station at a very high speed and instead of taking left turn, took right turn in contravention of traffic regulations. When the driver of the vehicle saw the cyclist coming on a wrong side, he immediately applied the brakes and halted the bus. Despite this, the cyclist was unable to control the cycle and dashed against the bus from the right corner of the bus, as a result he fell down. He was removed to the hospital with the help of the conductor of the bus and other persons. Witnesses were examined to show as to how the accident occurred and also on the compensation aspect. The Tribunal noticed that as the case progressed, a significant change was made in the stand taken by the Corporation. The driver was examined. He stated that he was driving the vehicle at very slow speed. The deceased came from the side of Chembur Station in the opposite direction and when he saw him at a distance of 30 ft., he immediately applied the brakes, and halted the bus. But the cyclist came and dashed against the front side of the bus. Since the cyclist came from the wrong side of the bus, he sustained injuries which proved fatal. The Tribunal held since the parents were claimants and came from a respectable and educated family, it would not be improbable to conclude that the deceased would have earned decently by taking an employment. By taking the expected earning of Rs. 3,000/- p.m. multiplier of 15 was adopted. Accordingly, the quantum was fixed at Rs. 5,60,000/- including loss of expectation of life. As a lump sum was being paid, deduction of 25% was made and finally a sum of Rs. 4,01,250/- was awarded as compensation, with interest at 15% p.a. from the date of application. The matter was carried in appeal to the Bombay High Court, which by the impugned judgment held that the quantum fixed was proper. However, interest was reduced from 15% to 12% p.a.