The General Manager vs Ismayil
2021 Latest Caselaw 24312 Mad

                                                                            C.M.A.(MD)No.672 of 2017


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.12.2021

                                                      CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                           C.M.A.(MD)No.672 of 2017
                                                    and
                                           C.M.P(MD)No.6982 of 2017

                  The General Manager,
                  Tamil Nadu State Transport Corporation
                   (Coimbatore) Limited,
                  No.37, Mettupalayam Road,
                  Erode.                                            ...Appellant/Respondent


                                                        Vs.


                  Ismayil                                          ...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.
                  968 of 2015, dated 26.09.2016 on the file of the Motor Accidents Claims
                  Tribunal / Special Sub Court, Tiruchirappali.


                                      For Appellant     :Mr.P.Prabhakaran
                                      For Respondent    :Mr.S.T.Sasidharan Tamilkani




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https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.(MD)No.672 of 2017


                                                       JUDGMENT

This appellant/State Transport Corporation Limited has filed this Civil

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

M.C.O.P.No.968 of 2015, dated 26.09.2016 on the file of the Motor

Accidents Claims Tribunal / Special Sub Court, Tiruchirappali.

2.It is a case of accident, which took place on 16.04.2015, at about

4.00 p.m., when the claimant drove the two wheeler bearing Registration

No.TN-45-BB-8821 on Trichy – Karur Bye pass road near Check Post, a bus

bearing Registration No.TN-33-N-2484 was driven by its driver from same

direction with rash and negligent manner and dashed against the two wheeler.

Due to the said accident, the petitioner has sustained grievous injuries and

admitted in the Government Hospital, Trichy.

3.The claimant has filed a petition in M.C.O.P.No.968 of 2015 on the

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

Tiruchirappalli, seeking compensation.

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

examined as P.Ws.1 & 2 and marked four documents as Exs.P.1 to P.4. On

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.672 of 2017

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 respondent

bus and directed the appellant herein to pay compensation. Aggrieved over

the judgment 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

and Mr.S.T.Sasidharan Tamilkani, learned counsel appearing for the

respondent and perused the materials available on record.

7.The learned counsel appearing for the appellant/Transport

Corporation contended that without taking the factual aspects and without

appreciating the law and facts and evidence, the Tribunal had wrongly fixed

the entire responsibility for the accident on the part of the driver of the

appellant/Transport Corporation.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.672 of 2017

8.On perusal of records, it shows that there is no evidence to show that

due to the rash and negligent driving of the two wheeler, the accident was

occurred. The F.I.R. was registered against the driver of the bus and marked

as Ex.P1. The claimant himself examined as PW1 and as per evidence, the

appellant's bus driver only was responsible for the accident. So in all aspect,

the Tribunal has rightly fixed the negligent on the driver of the appellant's

bus.

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, this Civil Miscellaneous Appeal is dismissed by

confirming the order and decree, dated 26.09.2016 passed in M.C.O.P.No.968

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

Court, Tiruchirappalli. No costs. Consequently, connected miscellaneous

petition is closed.

10.12.2021

Index :Yes/No Internet:Yes/No vsd

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.672 of 2017

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, Tiruchirappali.

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.672 of 2017

S.ANANTHI, J.

vsd

C.M.A.(MD)No.672 of 2017 and C.M.P(MD)No.6982 of 2017

10.12.2021

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