Madras High Court
The Managing Director vs V.Venkatakrishnan on 20 April, 2021
C.M.A.Nos.2374 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.2374 of 2016 &
CMP.No.16511 of 2016
The Managing Director,
Metropolitan Transport Corporation Lts.,
No.2, Pallavan Salai,
Chennai – 600 002. ... Appellant
..Vs..
V.Venkatakrishnan ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the fair and decreetal order dated 28.08.2014
passed in MCOP.No.4358 of 2011 by the learned II Judge of Small Causes
Court, Motor Accident Claims Tribunal, Chennai
For Appellant : Mr.S.S.Swaminathan
For Respondent : Mr.S.T.Varadarajulu
JUDGMENT
The Transport Corporation has challenged the award dated
28.08.2014 passed by the Motor Accident Claims Tribunal (Second Judge,
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C.M.A.Nos.2374 of 2016
Court of Small Causes) in MCOP.No.4358 of 2011 primarily on the ground
that they are not responsible for the injuries caused to the
respondent/claimant.
2. Heard Mr.S.S.Swaminathan, learned counsel for the Appellant and
Mr.S.T.Varadharajulu, learned counsel appearing for the respondent.
3. According to the Appellant, there is negligence on the part of the
respondent/claimant as he had protruded his hand outside the window of the
bus and only due to his negligence, the vehicle coming from the opposite
direction had dashed against his hand which resulted in the injuries
sustained by him.
4. The Appellant and the respondent entered into mediation and they
have finally arrived at a compromise. Learned counsel for the Appellant as
well as the learned counsel for the respondent on instructions from their
respective clients would agree for the following directions:
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C.M.A.Nos.2374 of 2016
(a) the respondent/claimant agrees that their shall be a deduction of
25% for his contributory negligence from and out of the total compensation
amount of Rs.21,36,000/- fixed by the Tribunal under the impugned Award
i.e., the claimant shall be entitled only to Rs.16,02,000/- instead of
Rs.21,36,000/- fixed by the Tribunal.
(b) the Appellant Transport Corporation shall deposit the said sum of
Rs.16,02,000/- before the Tribunal together with interest at the rate of 7.5%
per annum from the date of claim till the date of deposit and costs to the
credit of MCOP.No.4358 of 2011 within a period eight weeks from the date
of receipt of a copy of this Order.
(c) On deposit of the said sum, the respondent/claimant is entitled to
obtain payment out of the said sum together with accrued interest.
(d) On deposit of the compensation amount by the Appellant
Transport Corporation, the Tribunal shall transfer the amount lying to the
credit of MCOP.No.4358 of 2011 to the bank account of the
respondent/claimant through RTGS within a period of one week thereafter.
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C.M.A.Nos.2374 of 2016
5. With the aforesaid directions, this Civil Miscellaneous Petition is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
20.04.2021
nl
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
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C.M.A.Nos.2374 of 2016
To
1. The IInd Court of Small Causes, Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.2374 of 2016
ABDUL QUDDHOSE, J.
nl
C.M.A.Nos.2374 of 2016
20.04.2021
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