The Hindu Business Line : Death in swirling waters and deep gorges

STATISTICS are yet incomplete about the passengers in the two ill-fated buses that got washed away by swirling waters in Tamil Nadu a few days ago. But what is now clear is that they are being classified as survivors, dead and missing.

The State Government has announced a solatium of Rs 50,000 each to members of the bereaved families. Those who sustained serious injuries are to be paid Rs 15,000; and for minor injuries, it is Rs 6,000. More than a hundred people were feared dead after two packed passenger buses skidded off bridges in southern India amid heavy rains, read news reports, across the globe, with variations. Such as: `110 killed in bus crashes, Gulf Daily News, Bahrain'; `Two bus accidents leave 80 dead in India, Globe and Mail, Canada'; and `Floods push bus off bridge in India, Leading The Charge, Australia.'

Let me rewind to February 27, 2004. A bus of Uttaranchal Transport Corporation (UTC) with registration number UP 06-4140 was on its way from Nainital to Haldwani. Around 6.30 p.m. the bus fell into a deep gorge and about 20 people died, one among whom was Kishan Singh Bisht, aged 39 and employed as Assistant Office Manager in UTC, earning Rs 7,011 per month.

His wife Rachna Bisht approached the Motor Accidents Claims Tribunal (MACT) for compensation, saying that the accident happened "due to negligence on the part of the driver of the bus". UTC contested the claim petition and said: "Another vehicle was coming from the opposite direction, and to save that vehicle the bus fell into the deep gorge." The Corporation also said: "Family members of the deceased have been paid Rs 25,000 as ex gratia payment."

The Tribunal reasoned, "Had the bus driver been not rash and negligent, he would have been able to stop the bus on the road itself." Accordingly, the MACT "allowed the claim petition for Rs 7,25,000," by its order dated January 25, 2005. Aggrieved by the decision, UTC approached the High Court Of Uttaranchal at Nainital.

At the High Court, UTC's counsel A.N. Sharma argued that the multiplier applied by the Tribunal was too high. He cited Tamil Nadu State Transport Corpn Ltd vs S. Rajapriya (2005), where the deceased was aged 38 years, and the multiplier of 16 applied by the Tribunal and the High Court was found to be on the higher side by the Apex Court, which then applied multiplier of 12. In response, Rachna's counsel P.S. Rawat cited Delhi High Court's decision in Sunita Baveja vs Delhi Transport Corporation (2003), where a multiplier of 16 was applied "in respect of similarly aged deceased".

After hearing both the sides, Uttaranchal High Court said that the judgment of the apex court was more binding, and applied the multiplier of 12 as `just and proper in the present facts and circumstances of the case'. The Court said, "There is no dispute between the parties as to the annual income of Rs 84,000 of the deceased out of which, after deducting one-third which the deceased would have spent on himself, the loss to the claimants/respondents is Rs 56,000 per annum. Therefore, the claim petition should have been allowed by the Claims Tribunal for Rs 56,000 x 12 = Rs. 6,72,000."

Also, Rs 10,000, awarded by the Tribunal towards funeral expenses and consortium, was just and proper, said the Court, and ruled that UTC should pay Rachna Rs 6,82,000 (that is, Rs 6,72,000 + Rs 10,000), instead of Rs 7,25,000 (that is, Rs 7,15,000 + Rs. 10,000), awarded by the Tribunal.

"If the amount is not already deposited in compliance of the interim order of this Court by the appellant, respondents shall be entitled to the interest at the rate of 7 per cent per annum from today.

Cross-objections are rejected," reads the judgment of the High Court dated June 27, 2005.

Will this decision be of some help to the dependents of those who died in Thiruvadanai in Ramanathapuram district, and at Pattukottai in Thanjavur district?

E&OE@TheHindu.co.in

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