Madras High Court
Indhumathi vs M.S.Ayisha on 3 February, 2021
C.M.A.(MD) No.1257 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A.(MD) No.1257 of 2010
Indhumathi ... Appellant
-vs-
1.M.S.Ayisha
2.The Divisional Manager
New India Assurance Company Ltd.,
Thanjavur ... Respondents
(R1 – Ex Parte. Hence, dispensed with)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the Judgment and Decree, dated 29.12.2006
in M.C.O.P.No.775 of 2000, on the file of the Motor Accident Claims Tribunal
(2nd Additional Subordinate Judge / Additional In-charge), Madurai.
For Appellant : Mr.T.Selvakumaran
For Respondents : R1 – Dispensed with
(Vide E.B.)
Mr.J.S.Murali for R2
Page 1 of 4
http://www.judis.nic.in
C.M.A.(MD) No.1257 of 2010
JUDGMENT
This civil miscellaneous appeal is preferred by the claimant against
the dismissal of her claim petition in M.C.O.P.No.775 of 2000, by the Motor
Accident Claims Tribunal / II Additional Sub Court, Madurai, vide Award
dated 29.12.2006.
2. Heard Mr.T.Selvakumaran, learned counsel appearing for the
appellant and Mr.J.S.Murali, learned counsel appearing for the second
respondent and perused the materials available on record.
3. This is a case of injury. According to the claimant, on
15.03.1989, while she was standing in front of UCO Bank, a Bus bearing
registration No.TDO 1440, owned by the second respondent – Transport
Corporation, came in a rash and negligent manner and dashed against her.
4. It is seen that a case was registered against the driver of the Bus
in Crime No.205 of 1989 by Melur Police and after investigation, they filed a
final report as mistake of fact. But, the claim petition was filed only on
17.11.1999, after a lapse of ten years from the date of accident. Since the
claimant failed to prove that she sustained injuries in the accident occurred
http://www.judis.nic.in
C.M.A.(MD) No.1257 of 2010
on 15.03.1989 and the involvement of the Bus bearing registration No.TDO
1440, the Tribunal has rightly dismissed the claim petition filed by her. I find
no valid ground to interfere with the findings of the Tribunal.
5. Accordingly, the civil miscellaneous appeals fails and it is
dismissed. No costs.
03.02.2021
Internet : Yes / No
Index : Yes / No
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the Judgment may be
utilized for official purposes, but,
ensuring that the copy of the
Judgment that is presented is the
correct copy, shall be the
responsibility of the advocate /
litigant concerned.
krk
To:
1.The II Additional Sub Judge,
Motor Accident Claims Tribunal,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
http://www.judis.nic.in
C.M.A.(MD) No.1257 of 2010
K.KALYANASUNDARAM, J.
krk
C.M.A.(MD) No.1257 of 2010
03.02.2021
http://www.judis.nic.in
