Madras High Court
The Managing Director vs Gnana Sudha ...1St on 1 December, 2021
C.M.A.(MD).No.408 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.408 of 2019
and
C.M.P.(MD)No.4859 of 2019
The Managing Director,
Tamil Nadu Transport Corporation Ltd.,
Nagercoil. ...Appellant/2nd Respondent
Vs.
1.Gnana Sudha ...1st Respondent/Petitioner
2.Devaraj
3.The Branch Manager,
United India Insurance Company Ltd.,
Xavier Building, II Floor,
PWD Road, Nagercoil ...2nd & 3rd Respondents /
1 & 3 Respondents
PRAYER : Civil Miscellaneous Appeals filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the award and decree made in
M.C.O.P.No.2 of 2009, dated 10.09.2012 on the file of the Motor Accident
Claims Tribunal/Sub Court, Kuzhithurai.
For Appellant :Mr.P.Prabhakaran
For R1 & R2 :No Appearance
For R3 :Mr.J.S.Murali
1/6
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C.M.A.(MD).No.408 of 2019
JUDGMENT
The Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.2 of 2009, dated 10.09.2012 on the file of
the Motor Accident Claims Tribunal/Sub Court, Kuzhithurai.
2.It is a case of accident, which took place on 27.11.2007, the deceased
who was driving the Maruthi Zen Car, bearing Registration No.TN-74-
F-3364 from Kottaram to Nagercoil, while coming near Mantharam Puthur,
the bus bearing Registration No.TN-74-N-0441 came from opposite direction
in a rash and negligent manner and dashed against the car. Due to the said
accident, three persons were died.
3.The claimants have filed a petitions M.C.O.P.No.2 of 2009, dated
27.03.2012 on the file of the Motor Accident Claims Tribunal/Sub Court,
Kuzhithurai, seeking compensation.
4.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
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C.M.A.(MD).No.408 of 2019
accident occurred only, due to the rash and negligent driving of the bus and
directed the appellant herein to pay compensation. Against which, the
appellant/second respondent has filed these present appeals to set aside the
award of compensation passed by the Tribunal.
5.Heard the learned counsel for the appellant and the learned counsel
appearing for the respondents and perused the materials available on record.
6.According to the learned counsel for the appellant, two vehicles
came from the opposite direction and dashed with each other. So both the
vehicles are responsible for the accident. But the Tribunal has fixed liability
only on the appellant/Transport Corporation. The compensation awarded by
the Tribunal is excessive.
7.From the materials available on record, it is seen that F.I.R. was
registered against the driver of the bus and charge sheet has also been filed.
The driver of the bus was evicted by the trial Court. So no other evidence, to
fix the liability on the part of the driver of the Maruthi Zen Car. So in all
aspects, the Tribunal rightly fixed the liability on the driver of the bus.
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C.M.A.(MD).No.408 of 2019
8.The Tribunal, after considering all the facts, held that the accident
occurred only due to the rash and negligent driving of the driver of the bus
and rightly fixed liability on the appellant/Transport Corporation. There is no
error in the said finding. The monthly income fixed by the tribunal is also
reasonable and as far 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.
10.In the result,
(i)The Civil Miscellaneous Appeal is dismissed. No costs.
(ii)The appellant /Tamilnadu Transport Corporation Ltd., is directed to
deposit the compensation awarded by the Tribunal together with interest at
the rate of 7.5% per annum from the date of claim petition till the date of
deposit to the credit of M.C.O.P.No.2 of 2009 on the file of the Motor
Accident Claims Tribunal/Sub Court, Kuzhithurai within a period of six
weeks from the date of receipt of a copy of this order.
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C.M.A.(MD).No.408 of 2019
(iii)On such deposit being made, the claimants are entitled to withdraw
the same, by filing necessary application before the Tribunal. Consequently,
connected Miscellaneous Petitions are closed.
Index :Yes/No 01.12.2021
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 Accident Claims Tribunal/Sub Court,
Kuzhithurai.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.408 of 2019
S.ANANTHI, J.
vsd
C.M.A.(MD).No.408 of 2019
and
C.M.P.(MD)No.4859 of 2019
01.12.2021
https://www.mhc.tn.gov.in/judis
