C.M.A(MD)No.884 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 20.09.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)No.884 of 2022
and
C.M.P.(MD)No.8466 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation,
(Kumbakonam) Limited,
Karaikudi. : Appellant /Respondent
Vs.
Velammal : Respondent/Claimant
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the impugned award passed in M.C.O.P.
No.57 of 2016, dated 23.09.2019 on the file of the MACT (Sub Court),
Aruppukottai.
For Appellant : Mr.P.M.Vishnuvarthanan
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C.M.A(MD)No.884 of 2022
JUDGMENT
The Civil Miscellaneous Appeal is directed against the judgment and decree passed in M.C.O.P.No.57 of 2016, dated 23.09.2019 on the file of the Motor Accident Claims Tribunal (Sub Court), Aruppukottai.
2.The learned counsel for the appellant would contend that their bus was not at all involved in the accident; that the deceased drove his two wheeler without helmet and dashed against the private bus and sustained injuries; that the Corporation Bus driver was in no way connected with the alleged occurrence and that since the private bus driver had taken the bus without halting at that place and since the Corporation bus was available at the occurrence place, the Police has registered the FIR mechanically and that the Tribunal has fixed the entire negligence on the side of the appellant Corporation and on that basis, passed the impugned award.
3. No doubt, as rightly pointed out by the learned counsel for the appellant, they have examined the bus driver as R.W.1 and in his chief examination evidence, he would say that the bus driven by him bearing 2/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.884 of 2022 Registration No. TN-63-N-1542 was not responsible for the accident; that two wheeler was proceeding at a distance 50 meters ahead of the Corporation bus and that the two wheeler dashed against a private bus and the two wheeler got fire and on seeing the same, R.W.1 has turned the bus towards left side and stopped the bus.
4. But, it is pertinent to note that such a defence was not at all taken in the counter statement. The appellant has not raised any such stand that their bus was not at all involved in the accident.
5. Moreover, in the counter statement, the appellant has taken a stand that the deceased while attempting to take over the Corporation Bus and also the private bus lost his balance and dashed against the front left side pumper and invited the accident.
6. Admittedly, the appellant has not produced any evidence to prove the version of R.W.1 regarding the manner of the accident. It is settled law that any amount of evidence without pleadings or any amount of pleadings without evidence are of no use. The appellant has not adduced any other 3/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.884 of 2022 evidence, except the examination of R.W.1, to prove that the deceased had dashed against the private bus and sustained injuries and that the Corporation bus was in no way connected with the alleged accident.
7. Considering the evidence available, the finding of the trial Court that the rash and negligent of the driving of the bus driver was responsible for the accident, cannot be found fault with.
8. The learned counsel for the appellant would submit that they are not disputing the quantum of award arrived at by the Tribunal. Considering the above, this Court concludes that the appeal is devoid of merits and the same is liable to be dismissed.
9. In the result, the Civil Miscellaneous Appeal is dismissed and the impugned award, dated 23.09.2019, M.C.O.P.No.57 of 2016, on the file of the MACT (Sub Court), Aruppukottai,, is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.
20.09.2022 Index : Yes : No Internet : Yes : No das 4/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.884 of 2022 To
1.The MACT (Sub Court), Aruppukottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.884 of 2022 K.MURALI SHANKAR,J.
das C.M.A(MD)No.884 of 2022 and C.M.P.(MD)No.8466 of 2022 20.09.2022 6/6 https://www.mhc.tn.gov.in/judis