Madras High Court
The Managing Director vs Gabriel Durairaj on 15 December, 2021
CMA(MD)No.15 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.15 of 2020
and
CMP(MD)No.193 of 2020
The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Karaikudi,
Sivagangai District. ... Appellant/Respondent
Vs.
1.Gabriel Durairaj
2.Gandhimathi
3.Baskar
4.Rasu ... Respondents/Claimants
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the impugned award passed in
M.C.O.P.No.31 of 2017 on the file of the MACT (Principal District
Judge), Ramanathapuram, dated 18.03.2019.
For Appellant :Mr.P.M.Vishnu Varthanan
For R1 – R3 :Mr.R.Alagumani
For R4 :No Appearance
https://www.mhc.tn.gov.in/judis
1/6
CMA(MD)No.15 of 2020
JUDGMENT
The appellant/The Tamil Nadu State Transport Corporation filed
this appeal against the Judgment and Decree, dated 18.03.2019 in
M.C.O.P.No.31 of 2017 on the file of the Motor Accident Claims
Tribunal/Principal District Judge, Ramanathapuram.
2.It is a case of fatal accident. On 23.05.2016 the deceased Stalin
and his friend's mother viz, Kalaiselvi were travelled in a two wheeler
bearing Registraion No.TN-65-E-8579 owned by Stalin and the friend of
the deceased viz, Arun Kumar and his sister viz, Karthika were also
travelled in another vehicle bearing Registration No.TN-65-AB-1024
from Engineering College at Pudukottai District. While both of them
travelling in Byepass Road near Thirumayam Cross Road on the left side
one by one, the appellant Corporation bus bearing Registration
No.TN-63-N-1261 came from the opposite direction from Pudukottai in a
rash and negligent manner, tried to turn on the right side to reach
Thirumayam dashed against the deceased two wheeler and due to that the
deceased sustained injury in his backside head. Immediately, the
deceased was taken to the Government Rajaji Hospital, Madurai, but he
died on the way to hospital.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.15 of 2020
3.The claimants have filed a petition in M.C.O.P.No.31 of 2017,
dated 18.03.2019 on the file of the Motor Accident Claims
Tribunal/Principal District Judge, Ramanathapuram seeking
compensation of Rs.40,00,000/-.
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 accident occurred only, due to the rash and negligent
driving of the bus driver and directed the appellant herein to pay
compensation of Rs.13,86,000/-. Against which, the appellant/
respondent has filed the present appeal 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.The learned counsel for the appellant contended that the
Tribunal had wrongly fixed the entire negligence on the part of the
https://www.mhc.tn.gov.in/judis
CMA(MD)No.15 of 2020
appellant Transport corporation and also had awarded exorbitant amount
towards compensation to the claimants.
7.The learned counsel appearing for the claimants contended that
the Tribunal after considering all the aspects of the cases, fixed the
negligence on the part of the driver of the bus and awarded just
compensation and the same cannot be said to be on the higher side.
8.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. Hence, no other evidence is shown to fix the entire responsibility
on the part of the deceased. So in all aspects, the Tribunal has rightly
fixed the liability on the driver of the bus.
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 error in the said finding. The monthly income as
Rs.8,000/- 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.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.15 of 2020
10.Considering all the materials on record in entirety, this court is
of the view that there is no error in the award passed by the Tribunal.
11.In the result,
(i) The Civil Miscellaneous Appeals is dismissed.
(ii)The appellant /Tamil Nadu State Transport Corporation
(Kumbakonam) 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.
31 of 2017 on the file of the Motor Accident Claims Tribunal/Principal
District Judge, Ramanathapuram, within a period of six weeks from the
date of receipt of a copy of this order.
(iii)On such deposit being made, the claimants are entitled to
withdraw the same, by filing necessary application before the Tribunal.
No costs. Consequently, connected Miscellaneous Petition is closed.
15.12.2021
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
CMA(MD)No.15 of 2020
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 Accident Claims Tribunal/
Principal District Judge,
Ramanathapuram.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
CMA(MD)No.15 of 2020
and
CMP(MD)No.193 of 2020
15.12.2021
https://www.mhc.tn.gov.in/judis
