Bench directs police to pay entire compensation amount

Madras High Court today dismissed appeals by police officials against the June 12, 2002 award given by Motor Vehicles Accident tribunal on a mishap, which killed four persons and injured 10 others and directed them to pay the entire compensation amount.
The tribunal had fixed 75 per cent of the liability on the appellants' (including DGP of Tamil Nadu, SP and District Collector of Tuticorin) jeep and 25 per cent on a van,involved in an accident near Kovilpatti.
Justice N Kirubakaran of the Madurai bench said the tribunal after finding that the jeep alone was responsible for the accident, had wrongly concluded that the accident could have been averted by the van driver if he had applied brakes.

"It is only a perception of the tribunal without any evidence. When the Tribunal already came to a categorical conclusion that the accident occurred because of the driver of the jeep alone, the further finding of fixing 75 per cent liability on police and 25 per cent liability on the Omni van driver is unwarranted and unnecessary," he said and fixed 100 per cent liability on police.
The judge said the court by re-appreciation of facts and circumstances of the case, "holds that the entire negligence is on the part of the jeep driver and therefore the appellants alone are liable to pay the entire award amount."

The judge noted the accident had occurred on August 21 2000, resulting in the death of four persons and injuries to 10 others. But so far the victims had not been compensated.

"Even though there is no appeal by either the Insurance company or the claimants, this court by re-appreciating the evidence gives the above finding as the appeals are continuation of the original proceedings," the court said.
The judge pointed out that the Motor Vehicles Act is a beneficial legislation intended to console, comfort and compensate road accident victims.
"When a factually wrong finding has been given, the court cannot keep quiet, merely on the technicality that there is no appeal by claimants or by the Insurance company," he said and directed that entire award amount be given by the police.

The Judge rejected the argument that the van owner was not impleaded as a party. Though it appeared a valid point, however, in the light of the facts and circumstances of the case, it was not sustainable as the owner alone was driving it and he had been killed. His legal-heirs are the claimants.
The Judge directed them to pay a total compensation of Rs 11.05 lakh along with interest at the rate of 7.5 per cent. He dismissed the appeals challenging awards for injuries, pain and suffering.