C.M.A.(MD)No.1075 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
C.M.A.(MD)No.1075 of 2009
and
MP(MD).No.2 of 2009
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Madurai Division – 4),
Bye-Pass Road, Collectorate Post,
Dindigul. ... Appellant/Respondent
Vs.
Santhanammal ... Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgement and Decree passed in
MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate, Dindigul.
For Appellant : Mr. M.Prakash
For Respondent : Mr.A. Saravanan
*****
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C.M.A.(MD)No.1075 of 2009
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant / Transport Corporation against the Judgment and Decree passed in MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Dindigul.
2. The respondent / claimant filed the said claim petition in MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Dindigul, claiming a sum of Rs.1,00,000/- as compensation, for the damages caused to the tea shop on 27.04.2003.
3. According to the respondent, on 27.04.2003 at about 1.10 p.m., one Sakthi Town Bus bearing Regn. No. TN 57 V 0697, was stopped in the bus stop before his tea shop and the passengers were alighting from the bus. At that time, the appellant's bus bearing Regn.No.TN57N 1145, which was driven by its driver in a rash and negligent manner, dashed against the back side of the above said Sakthi Town bus. Due to this hit, 2/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1075 of 2009 the Sakthi town bus entered into the petitioner's tea shop and caused damages to the petitioner's properties.
4. The Tribunal, considering the pleadings, oral and documentary evidence, awarded a total sum of Rs.71,360/- as compensation.
5. Aggrieved by the said Award, the appellant / Transport Corporation has filed the present Civil Miscellaneous Appeal.
6. The learned counsel appearing for the appellant submitted that the respondent miserably failed to implead the Sakthi Town bus bearing Regn.No.TN57C 0697 and they are only responsible for the damages caused to the tea shop. But, the Tribunal wrongly fastened the liability on the appellant / Transport Corporation bus and prayed for allowing this appeal.
7. Per contra, learned counsel appearing for the respondent submitted that because of the driver of the appellant's Transport 3/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1075 of 2009 Corporation bus only the said damage had caused and the learned Motor Accidents Claims Tribunal Judge also observed that the above accident had happened due to the negligence on the part of the driver of the appellant's vehicle. He would further submit that the First Information Report has also been registered against the appellant Transport Corporation bus alone and hence, the appeal may be dismissed.
8. I have heard the learned counsel appearing for parties and perused all the materials available on record.
9. On a perusal of the Ex.P1 - First Information Report, it is seen that the appellant/Transport Corporation bus only dashed against the Sakthi bus and caused damage to the respondent's tea shop. The relevant portion of the First Information Report reads as follows:-
“............mJrkak; rpj;ijad; nfhl;ilapy;
,Ue;J jpz;Lf;fy; nehf;fp te;j rf;jp
lt[z;g!; o/vz;/57 rp 9697 nuhl;od; ,lJ
Xukhf vd; filf;F Kd;dhy; g!;lhg;gpy;
gazpfis ,wf;fptpl;L bfhz;oUe;jhh;fs;/
mg;g nkw;go g!;Rf;F gpd;dhy;
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C.M.A.(MD)No.1075 of 2009
fk;gj;jpy; ,Ue;J jpUr;rp nehf;fp te;J
bfhz;oUe;j muR ngUe;J o/vz;/57 vd;
1145g!;!pd; ,lJ Kd;gf;f lah;
btoj;J ,Gj;Jf;bfhz;L te;J Kd;dhy;
epd;W bfhz;oUe;j rj;jp lt[z; g!;!pd;
gpd;g[wk; ntfkhf tyJ gf;fk; nkhjpajhy;
nkw;go lt[z; g!;nuhl;od; tlf;F gf;fk; ,Ue;j Ofila[ld; Toa tPl;ow;Fs; g!; g[Fe;J tpl;lJ mjdhy; filapk; ,Ue;j Rg;gpukzpf;F fhak; Vw;gl;lJ. lt[z; g!;!pd; tyJ gpd; gf;fk;
nrjk; mile;Js;sJ. muR ngUe;jpd; ,lJ
gf;f Kd;gFjp KGtJk; nrjk;
mile;Js;sJ ,uz;L g!;!py; gazk; bra;j
gazpfSf;F fhak; Vw;gl;lJ...................”
10. Further, in cross examination of R.W.1, who was the driver of the appellant/Transport Corporation, he admitted himself as stated in the First Information Report. The relevant portion of his evidence reads as follow:-
“............. ehd; epd;W bfhz;oUe;j tz;oapd; gpd;dhy; te;J nkhjpndd; vd;why; nyrhf nkhjpndd;. Kd;dho brd;w tz;oapy; ehd;
bkJthf ,oj;jjhy; me;j tz;o filf;Fs; brd;W 5/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1075 of 2009 tpl;lJ.............”
11. It is also seen that the owner of the Sakthi bus was not impleaded as a party before the Tribunal and hence, they are not liable to pay compensation. There is no merit in the arguments putforth by the counsel for the appellant.
12. The Tribunal considering the pleadings, oral and documentary evidence let in by the parties, rightly held that the accident had occurred only due to rash and negligent driving of the driver of the appellant Transport Corporation. Further, the learned Judge came to the conclusion only after appreciating all the materials on record in a proper perspective and hence, there is no error warranting interference by this Court in such a finding.
13. In the result, the Civil Miscellaneous Appeal is dismissed and the compensation awarded by the Tribunal is confirmed. The appellant / Transport Corporation is directed to deposit the entire award amount to the credit of M.C.O.P.No.64 of 2003, on the file of the Motor Accident Claims 6/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1075 of 2009 Tribunal / Chief Judicial Magistrate, Dindigul, less the amount already deposited, if any, along with accrued interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs, within a period of eight weeks from the date of receipt of a copy of this Judgment.
14. On such deposit being made, the respondent / claimant is entitled to withdraw the entire amount, with interest by making necessary application before the Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
07.09.2022
Index :Yes/No
Internet :Yes/No
trp
To
1. The Motor Accident Claims Tribunal / Chief Judicial Magistrate, Dindigul.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
7/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1075 of 2009 A.A. NAKKIRAN, J., trp/skn C.M.A.(MD)No.1075 of 2009 and MP(MD).No.2 of 2009 07.09.2022 8/8 https://www.mhc.tn.gov.in/judis