The Managing Director vs Jeyaraman
2021 Latest Caselaw 23510 Mad

                                                                            C.M.A.(MD)No.420 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.12.2021

                                                      CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                           C.M.A.(MD)No.420 of 2019
                                                    and
                                           C.M.P(MD)No.5041 of 2019


                  The Managing Director,
                  Tamil Nadu State Transport Corporation Limited,
                  Kumbakonam Town,
                  Thanjavur District.                             ...Appellant/Respondent


                                                        Vs.


                  Jeyaraman                                        ...Respondent/Petitioner


                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, to set aside the award and decree made in M.C.O.P.No.
                  506 of 2015, dated 18.02.2016 on the file of the Motor Accidents Claims
                  Tribunal / Special Sub Court, Thanjavur.


                                      For Appellant     :Mr.P.Prabhakaran
                                      For Respondent    :No Appearance




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https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.(MD)No.420 of 2019



                                                      JUDGMENT

This Appellant/State Transport Corporation Limited has filed this Civil

Miscellaneous Petition, to set aside the award and decree made in

M.C.O.P.No.506 of 2015, dated 18.02.2016 on the file of the Motor

Accidents Claims Tribunal / Special Sub Court, Thanjavur.

2.It is a case of accident, which took place on 15.04.2015, at about

8.30 a.m. the claimant drove the two wheeler bearing Registration No.TN-55-

M-0540 loaded with Palakai gunny bags from Thanjavur -Pudukkottai Road.

When the two wheeler came near Kantharvakottai Gandhi Statue, a bus

bearing Registration No.TN-01-N-3980 came from opposite direction with

rash and negligent manner and dashed against the motorcycle. Due to the said

accident, the petitioner has sustained grievous injuries.

3.The claimant has filed a petition in M.C.O.P.No.506 of 2015 on the

file of the Motor Accidents Claims Tribunal/Special Sub Court, Thanjavur,

seeking compensation.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.420 of 2019

4.Before the Tribunal, on the side of the claimants, two witnesses were

examined as P.Ws.1 & 2 and marked five documents as Exs.P.1 to P.5 and on

the side of the respondent, one witness was examined as R.W.1 and no

document was marked.

5.The Tribunal, after considering the pleadings, oral and documentary

evidences and the arguments of the counsel for the claimant and the

respondents and also on appreciating the evidences on record, held that the

accident was occurred due to the negligent act of the driver of the bus as well

as the injured/claimant and fixed the negligent at 90:10 and directed the

appellant to pay 90% of the award amount. Aggrieved over the judgmnet

passed by the Tribunal, the appellant has filed the present appeal under

Section 173 of the Motor Vehicles Act, 1988.

6.Heard Mr.P.Prabhakaran, learned counsel appearing for the appellant.

No representation for the respondent.

7.The learned counsel appearing for the appellant/Transport

Corporation contended that without taking the factual aspects into

consideration and without appreciating the law and facts and evidence, the

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.420 of 2019

Tribunal had wrongly fixed a part of responsibility for the accident on the

driver of the appellant Transport Corporation and the compensation awarded

by the Tribunal is excessive.

8.On perusal of records, it shows that as per the discussions in the

judgment before the Tribunal, the two wheeler was proceeded from north to

south and turned to west. But the driver of the two wheeler drove the vehicle

on the left side of the road. The FIR was registered against the bus driver

with 4 days delay, which was marked Ex.P1. There is no evidence on the

appellant side that only the driver of the two wheeler is responsible for the

accident. But the Tribunal held that with heavy load, the two wheeler turned

to west, he may also cause for the accident. Hence, 10% liability fixed on the

claimant, which is reasonable. There is no error in the said finding. Asfar as

quantum of compensation is concerned, the amount awarded by the Tribunal

is not excessive.

9.Considering all the materials on record in entirety, this court is of the

view that there is no error to interfere with the award of the Tribunal.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.420 of 2019

10.In the result, this Civil Miscellaneous Appeal is dismissed by

confirming the order and decree, dated 18.02.2016 passed in M.C.O.P.No.506

of 2015 on the file of the Motor Accidents Claims Tribunal / Special Sub

Court, Thanjavur. No costs. Consequently, connected miscellaneous petition

is closed.

01.12.2021

Index :Yes/No Internet:Yes/No vsd

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

1.The Motor Accidents Claims Tribunal / Special Sub Court, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.420 of 2019

S.ANANTHI, J.

vsd

C.M.A.(MD)No.420 of 2019 and C.M.P(MD)No.5041 of 2019

01.12.2021

https://www.mhc.tn.gov.in/judis