Madras High Court
The Managing Director vs Sala ...1St on 23 December, 2021
CMA(MD)No.327 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.327 of 2019
and
CMP(MD)No.4073 of 2019
The Managing Director,
Tamil Nadu State Express Transport Corporation
Pallavan Salai,
Chennai – 600 002. ... Appellant/1st Respondent
Vs.
1.Sala ...1st Respondent/Petitioner
2.Rajavel
3.The General Manager,
Sree Ram General Insurance Company limited,
E-8, Sitapura, Ripco Industrial Area,
Jaipur,
Rajasthan State. ... 2nd & 3rdRespondents/
2nd & 3rdRespondents
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.73 of 2015, dated 16.04.2018 on the file of the Motor
Accidents Claims Tribunal/Sub Court, Vallioor.
For Appellant :Mr.P.Prabhakaran
For R1 :Mr.M.Laxmi Mahendraa
For R2 :No Appearance
For R3 :Mr.V.Sakthivel
https://www.mhc.tn.gov.in/judis
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CMA(MD)No.327 of 2019
JUDGMENT
The appellant/Tamil Nadu State Express Transport Corporation
filed this appeal against the award and Decree, dated 16.04.2018 in
M.C.O.P.No.73 of 2015 on the file of the Motor Accident Claims
Tribunal/Sub Court, Vallioor.
2.It is a case of fatal accident. On 11.02.2015 the deceased, who
was working as a cleaner travelled in a lorry bearing Registration
No.TN-28-P-3350 towards Chennai, a bus bearing Registration
No.TN-01-N-4803 was proceeding towards Chennai in front of the lorry.
At about 12.20 p.m. near Shekussain Pettai, the bus driven by its driver
in a rash and negligent manner in the right side, without any signal
suddenly turned to left side and again turned to right side and dashed the
front side of the lorry. Due to the said accident, the deceased sustained
grievous injuries. Immediately, he was taken to Mundiapakkam
Government Medical College Hospital, but he died on the way to the
hospital.
3.The claimant has filed a petition in M.C.O.P.No.73 of 2015 on
the file of the Motor Accidents Claims Tribunal/Sub Court, Vallioor,
seeking compensation of Rs.20,00,000/-.
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CMA(MD)No.327 of 2019
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.7,32,000/-. Against which, the appellant/ respondent
has filed these 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 first and third respondents. No representation
for the second respondent.
6.The learned counsel for the appellant contended that the lorry
bearing Registration No.TN-28-P-3350 driven by its driver came in a
rash and negligent manner without following the traffic rules and
regulations and suddenly hit the appellant's bus on the backside and
voluntarily caused the accident. Hence, the lorry driver was solely
responsible for the accident. But Tribunal erroneously fixed the entire
negligence on the part of the appellant Transport corporation and also
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CMA(MD)No.327 of 2019
awarded exorbitant amount towards compensation to the claimants.
7.The learned counsel appearing for the claimant 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
marked as Ex.A1. It clearly stated that the driver of the bus suddenly
turned right without any signal and dashed in front of the lorry. The
Motor Vehicle Report of the lorry and bus, which were marked as Ex.A2
and Ex.A3 show that the bus was damaged in the right side and the lorry
was also damaged in front side. On the basis of the F.I.R. and Motor
Vehicle Report, the Tribunal fixed liability on the appellant. There is no
contra evidence to prove that the lorry came in a rash and negligent and
tried to over take the bus and dashed the back side of the bus. 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
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CMA(MD)No.327 of 2019
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.
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,
(i)The Civil Miscellaneous Appeals is dismissed.
(ii)The appellant /Tamil Nadu State Express Transport
Corporation, 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.
73 of 2015 on the file of the Motor Accident Claims Tribunal/Sub Court,
Vallioor within a period of four weeks from the date of receipt of a copy
of this order.
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CMA(MD)No.327 of 2019
(iii)On such deposit being made, the claimant is entitled to
withdraw the same, by filing necessary application before the Tribunal.
No costs. Consequently, connected miscellaneous petition is closed.
23.12.2021
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/Sub Court,
Vallioor.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.327 of 2019
S.ANANTHI, J.
vsd
CMA(MD)No.327 of 2019
and
CMP(MD)No.4073 of 2019
23.12.2021
https://www.mhc.tn.gov.in/judis
