The Managing Director vs Sumathi
2021 Latest Caselaw 10076 Mad

                                                                            C.M.A.No.4091 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 20.04.2021

                                                       CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                               C.M.A.No.4091 of 2019
                                                        and
                                               C.M.P.No.23114 of 2019

                                             (Through Video Conferencing)

                     The Managing Director,
                     Andhrapradesh State Road Transport
                           Corporation Ltd.,
                     Tirupathi.                                                 ... Appellant

                                                          Vs.
                     1.Sumathi

                     2.Minor. Nethra

                     3.Minor. Yashwanth

                     4.Malliga                                                  ... Respondents

                     (Minors R2 and R3 represented by their N.F
                     and Guardian mother Sumathi)


                               Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the Award and Decree dated 24.04.2018
                     passed by the Subordinate Judge, Motor Accidents Claims Tribunal at
                     Tiruttani in M.C.O.P.No.195 of 2014.

                     ____________
https://www.mhc.tn.gov.in/judis/
                     Page No 1 of 6
                                                                          C.M.A.No.4091 of 2019




                                    For Appellant      : M/s.G.V.Shoba

                                    For Respondents : No appearance


                                                    JUDGMENT

Though the notice has been served on the respondents/claimants,

there is no representation on behalf of them. Since no adverse orders are

proposed to be passed against them, this Civil Miscellaneous Appeal is

taken up for hearing and final disposal.

2. The Andhra Pradesh State Road Transport Corporation

(APSRTC) is the appellant in this Civil Miscellaneous Appeal. It is

aggrieved by the impugned Judgment and Decree dated 24.04.2018

passed by the Motor Accidents Claims Tribunal (Subordinate Judge's

Court), Tiruttani in M.C.O.P.No.195 of 2014.

3. The only ground, on which the present Civil Miscellaneous

Appeal has been filed, is that the Tribunal has failed to consider the

Exhibit R1 Letter of the appellant and Exhibit R4 Accident Register. As

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per which, it is stated that the deceased was smelling alcohol at the time

of the accident. It is stated that the Tribunal has ignored the same stating

that in absence of any other medical test conducted on the deceased, it

cannot be held that the deceased had contributed to the accident.

4. I have considered the arguments advanced by the learned

counsel for the appellant. I have perused the impugned Judgment and

Decree passed by the Tribunal, the evidences filed in support of the claim

petition before the Tribunal and the Exhibits R1 to R4.

5. Exhibit R1 Letter of the appellant and Exhibit R4 Accident

Register ipso facto cannot establish as to whether the deceased was under

the influence of alcohol at the time of the accident or not. Therefore, I do

not find any irregularity in the impugned Judgment and Decree passed by

the Tribunal. Therefore, the award passed by the Tribunal is confirmed

and the present appeal is liable to be dismissed.

6. The appellant Andhra Pradesh State Road Transport

Corporation is directed to deposit the amount of compensation awarded

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by the Tribunal together with interest as was directed by the Tribunal,

less any amount already deposited, within a period of eight weeks from

the date of receipt of a copy of this Judgment.

7. On such deposit, the first and fourth respondents are permitted

to withdraw their share in the same proportion awarded by the Tribunal,

less any amount already withdrawn, by filing suitable application before

the Tribunal.

8. Since the second and third respondents are minors, their share

shall be deposited in any one of the Nationalised Bank under

reinvestment scheme till they attain the age of majority. The first

respondent, who is the guardian of the minors, is however permitted to

withdraw the accrued interest from the minor’s deposit once in three

months directly from the said Bank. On attaining majority, the second

and third respondents are to be permitted to withdraw their share, by

filing suitable application before the Tribunal.

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9. This Civil Miscellaneous Appeal is dismissed with the above

observations. No cost. Consequently, connected Miscellaneous Petition is

closed.

20.04.2021

Index : Yes/No Internet : Yes/No jen

To

1.Subordinate Judge, Motor Accidents Claims Tribunal, Tiruttani.

2.The Section Officer, V.R.Section, Madras High Court.

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C.SARAVANAN, J.

jen

C.M.A.No.4091 of 2019 and C.M.P.No.23114 of 2019

20.04.2021

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