Madras High Court
The Managing Director vs Valli on 6 August, 2021
C.M.A.No.1341 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.1341 of 2017
The Managing Director
Tamil Nadu State Transport Corporation
Villupuram. ... Appellant
Vs.
1. Valli W/o. Aruldoss,
2. Minor Lavanya
3. Minor Nandini
4. Minor Arunpandi
5. Rathanavathy ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, pleased to set aside the Decree and Judgment
dated 05.03.2016 made in M.C.O.P.No.175 of 2011 on the file of the Motor
Accident Claims Tribunal, Principal Subordinate Judge, Chengalpattu.
For Appellant : Mr.K.J.Sivakumar
For Respondents : No appearance
1/8
http://www.judis.nic.in
C.M.A.No.1341 of 2017
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the
contributory negligence fixed on the part of the appellant as well for
enhancement of compensation granted by the Tribunal in the award dated
05.03.2016 made in M.C.O.P.No.175 of 2011 on the file of the Motor
Accidents Claims Tribunal, The Principal Subordinate Judge Chengalpattu.
2. The respondents are the claimants in M.C.O.P.No.175 of 2011 on the
file of the Motor Accident Claims Tribunal, Principal Subordinate Judge
Chengalpattu. He filed the said claim petition, claiming a sum of
Rs.11,00,000/- as compensation for the death of one Aruldoss who died in the
accident that took place on 19.06.2011.
3. According to the claimants, on 19.06.2011, the deceased Aruldoss
after finishing his work was proceeding from Vaikai Hotel to his home by walk
in correct direction of the Bye Pass Road Chengalpattu. When he was
proceeding near Pazhaveli Bus stop by following the rules of the road, the
appellant Transport Corporation bus came from Madras towards Thindivanam
with high speed in a rash and negligent manner and dashed against Aruldoss
http://www.judis.nic.in
C.M.A.No.1341 of 2017
which resulted in his spot death. The said accident was occurred due to the
rash and negligent driving of the driver of the bus. Hence the respondents
herein, who are the legal heirs of the deceased Aruldoss, filed a claim petition
before the Tribunal. On consideration of the materials and evidence available
on record, the Tribunal awarded Rs.7,67,500/- as compensation with interest at
the rate of 7.5% per annum.
4. Before the Tribunal, the 1st respondent examined herself as P.W.1,
Panner Selvam was examined as P.W.2 and Santhanam was examined as
P.W.3 and 4 documents were marked as Exs.P1 to P4. The appellant-Transport
Corporation did not let in any oral and documentary evidence.
5. The Tribunal, after considering the pleadings, oral and documentary
evidence, came to the conclusion that the driver of the appellant-Transport
Corporation bus was responsible for the said accident and awarded a sum of
Rs.7,67,500/- as compensation to the respondents 1 to 5, who are the legal
heirs of the deceased Aruldoss.
6. Against the said award dated 05.03.2016 made in M.C.O.P.No.175 of
2011, the appellant/Transport Corporation has filed the present appeal,
http://www.judis.nic.in
C.M.A.No.1341 of 2017
challenging the liability as well as quantum of compensation.
7. The learned counsel for the appellant submitted that the driver of the
bus bearing Reg.No.TN – 25 – 0126 while driving the bus towards
Thiruvannamalai near Pazhaveli Bus stop saw a dead body on the road in front
of the bus and suddenly applied the breaks. At that time, a TATA Indica Car
bearing Reg.No.TN-25-Q-4560 which was following the bus in a very close
range, without leaving any sufficient space between the bus and the car unable
to control the speed, dashed against the rear end of the bus and as a claim
reaction another TATA Indica Car bearing Reg.No.TN-31-AC-9168 which
was following the TATA Indica Car bearing Reg.No.TN-25-Q-4560 also
dashed and caused the accident. Hence the driver of the bus did not dash
against the deceased Aruldoss. The amounts awarded by the Tribunal under
other heads are also excessive. The total compensation awarded by the
Tribunal at Rs.7,67,500/- is highly excessive and prayed for setting aside the
award passed by the Tribunal.
8. Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
http://www.judis.nic.in
C.M.A.No.1341 of 2017
9. It is a case of fatal accident that took place on 19.06.2011 at
Pazhaveli bus stop which claimed the life of one Aruldoss. According to the
appellant Transport Corporation, while the driver of the bus bearing
Reg.No.TN-25-0126 came from Madras towards Thindivanam, on seeing a
dead body in the road near pazhaveli bus stop, stopped the bus 20 feet before
it. But under the presumption that the accident was caused by the said Bus
bearing Reg.No.TN-25-0126, compensation has been awarded by the Tribunal.
It is also the case of the appellant that the TATA Indica Car bearing
Reg.No.TN-25-Q-4560 which was following the bus in a very close range
without leaving any sufficient space between the bus and car, unable to control
the speed, dashed against the rear end of the bus and as a chain reaction,
another TATA Indica Car bearing Reg.No.TN-31 AC 9168 which was
following the TATA Indica Car bearing Reg.No.TN-25-Q-4560 also dashed
and caused the said accident. The Tribunal taking note of the exhibits,
pleadings of the parties, came to the conclusion that the driver of the bus
bearing Reg.No.TN-25-0126 caused the accident, disbelieving the version of
the appellant that the Bus did not cause any accident and only the TATA
Indica Car which was following the bus dashed the bus behind and on account
of the said collusion, another TATA Indica Car bearing Reg.No. TN-31-AC
http://www.judis.nic.in
C.M.A.No.1341 of 2017
9168 which was following TATA Indica Car bearing Reg.No.TN-25-Q-4560
also dashed and caused the accident. But, as rightly held by the learned
Tribunal, there is no evidence by the Transport Corporation to substantiate the
said cause for the accident. Therefore, the Tribunal, considering the facts and
circumstances of the case, awarded compensation of Rs.7,67,500/-. Further,
since the accident took place on 19.06.2011 and now, 10 years have gone by, I
find no reason to interfere with the award of the Tribunal. Hence, the Civil
Miscellaneous Appeal is liable to be dismissed.
10. As far as quantum is concerned the amount awarded by the Tribunal
is just and reasonable and the same does not require any modification and
therefore, the present Civil Miscellaneous Appeal deserves to be dismissed.
11. In the result, this Civil Miscellaneous Appeal is dismissed and the
compensation awarded by the Tribunal at Rs.7,67,500/- is hereby confirmed
together with interest at the rate of 7.5% per annum from the date of petition till
the date of deposit. The appellant-Transport Corporation is directed to deposit
the award amount along with interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt of a
copy of this judgment, to the credit of M.C.O.P.No.175 of 2011 on the file of
http://www.judis.nic.in
C.M.A.No.1341 of 2017
the Motor Accident Claims Tribunal, Principal Sub Judge, Chengalpattu. On
such deposit, the respondents are permitted to withdraw their respective share
of the award amount as per the ratio of apportionment fixed by the Tribunal,
along with proportionate interest and costs, after adjusting the amount, if any
already withdrawn, by filing necessary applications before the Tribunal. No
costs.
06.08.2021
dpq
Index : Yes / No
Internet : Yes / No
To
1.The Motor Accident Claims Tribunal,
Principal Subordinate Judge,
Chengalpattu.
http://www.judis.nic.in
C.M.A.No.1341 of 2017
S. VAIDYANATHAN, J.
dpq
CMA.No.1341 of 2017
06.08.2021
http://www.judis.nic.in
