Madras High Court
The Managing Director vs Jothilakshmi on 1 December, 2021
C.M.A.(MD).No.613 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.613 of 2019
and
C.M.P.(MD)No.7488 of 2019
The Managing Director,
Tamil Nadu Transport Corporation Ltd.,
Tirunelveli. ...Appellant/Respondent No.2
Vs.
1.Jothilakshmi
2.Vijayakumar
3.Muthumari
4.Minor Harsath
5.Minor Ruthrani ...Respondents 1 to 5/Petitioners
6.Marimuthu
7.P.Pandi
8.The Claims Manager,
TATA AIG General Insurance Company
Limited,
Door No.2, Ethiraj Road, Egmore,
Chennai. ...Respondents 6, 7 & 8/
Respondents 1, 3 & 4
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the judgment and decree passed in
M.C.O.P.No.251 of 2010, dated 29.01.2014 on the file of the Motor
Accidents Claims Tribunal / Chief Judicial Magistrate Court, Virudhunagar
District @ Srivilliputtur.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.613 of 2019
For Appellant :Mr.P.Prabhakaran
For R1 -R5 :Mr.M.Jothibasu
For R8 :Mr.B.Vijayakarthikeyan
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
judgment and decree passed in M.C.O.P.No.251 of 2010, dated 29.01.2014
on the file of the Motor Accidents Claims Tribunal / Chief Judicial
Magistrate Court, Virudhunagar District @ Srivilliputtur.
2.It is a case of fatal accident. On 02.05.2008, when the deceased
Ganesan and some others travelling in a Auto bearing Registration
No.TN-67-K-2455, on Rajapalayam – Sankaran kovil main road near
Vairanthoppu, a bus bearing Registration No.TN-72-N-0916 was driven by
its driver in a rash and negligent manner and hit the Auto. Due to the said
accident, the deceased Ganesan was sustained grievous fatal head injuries
and died on the spot.
3.The claimants have filed a petition in M.C.O.P.No.251 of 2010 on
the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate
Court, Virudhunagar District @ Srivilliputtur, seeking compensation.
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C.M.A.(MD).No.613 of 2019
4.Before the Tribunal, on the side of the claimants, one witness was
examined as P.W.1 and six documents were marked as Exs.P.1 to P.6. On the
side of the appellant herein, two witnesses were examined as R.W.1 and
R.W.2 and two documents were marked as Ex.R1 and Ex.R2.
5.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
accident occurred only, due to the rash and negligent driving of the bus
driver/ the 6th respondent herein and directed the appellant and 6th respondent
herein to pay compensation. Against which, the appellant/2nd respondent has
filed the present appeal to set aside the award of compensation passed by the
Tribunal.
6.Heard the learned counsel for the appellant and the learned counsel
appearing for the respondents R1 to R5 and R8 and perused the materials
available on record. No representation for the sixth respondent.
7.According to the learned counsel for the appellant, the entire
negligence on the driver of the Auto bearing Registration No.TN-67-K-2455,
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C.M.A.(MD).No.613 of 2019
who drove the Auto in a rash and negligent manner with nine persons
violating traffic rules and regulations and coming on the opposite direction
dashed on the appellant's bus and invited the accident. Hence, the driver of
the Auto was solely responsible for the accident. But the Tribunal has fixed
liability only on the appellant/Transport Corporation. The compensation
awarded by the Tribunal is excessive.
8.On perusal of records, it shows that there is no evidence to show that
nine persons were travelled in a auto and due to the rash and negligent of the
auto driver, the accident was occurred. The F.I.R. was registered against the
driver of the bus and after investigation, charge sheet has also been filed.
The bus driver was examined as R.W.1, but there is no contra evidence to
show that the driver of the auto was responsible for accident. So in all
aspect, the Tribunal has rightly fixed the liability on the driver of the bus.
Without any evidence, the appeal was filed by the appellant for objecting the
liability.
9.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
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C.M.A.(MD).No.613 of 2019
error in the said finding. Asfar as quantum of compensation is concerned, the
amount awarded by the Tribunal is not excessive.
10.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.
11.In the result, this Civil Miscellaneous Appeal is dismissed by
confirming the order and decree, dated 29.01.2014 passed in M.C.O.P.No.251
of 2010 on the file of the Motor Accidents Claims Tribunal / Chief Judicial
Magistrate Court, Virudhunagar District @ Srivilliputtur. No costs.
Consequently, connected miscellaneous petition is closed.
12.It is submitted that the appellant/Tamilnadu State Transport
Corporation that they have already deposited the entire award amount with
accrued interest. The respondents 1 to 3/claimants are permitted to withdraw
their share as apportioned by the Tribunal, with accrued interest and costs by
filing necessary application before the Tribunal. The minors' share amount
are to be deposited as ordered by the Tribunal.
10.12.2021
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.613 of 2019
S.ANANTHI, J.
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 /
Chief Judicial Magistrate Court,
Virudhunagar District @ Srivilliputtur.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD).No.613 of 2019
and
C.M.P.(MD)No.7488 of 2019
10.12.2021
https://www.mhc.tn.gov.in/judis
