The Managing Director vs M.Palaniappan
2021 Latest Caselaw 22571 Mad

                                                                           C.M.A.No.2909 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 17.11.2021

                                                        CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                               C.M.A.No.2909 of 2013
                                                      and
                                                 M.P.No.1 of 2013

                  The Managing Director,
                  Tamil Nadu State Transport
                  Corporation Limited,
                  Kumbakonam Division,
                  Kumbakonam.                                                     .. Appellant


                                                         Vs.
                  M.Palaniappan                                               .. Respondent
                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, 1988, against the judgment and decree dated 01.08.2011

                  made in M.C.O.P.No.2389 of 2007 on the file of Motor Accident Claims

                  Tribunal, III Small Causes Court, Chennai.

                                        For Appellant     : Mr.L.Ramanathan for
                                                            Mr.D.Venkatachalam

                                        For Respondent    : Mr.K.Varadhakamaraj

                                                  JUDGMENT

https://www.mhc.tn.gov.in/judis C.M.A.No.2909 of 2013

The Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation against the award dated 01.08.2011 made in

M.C.O.P.No.2389 of 2007 on the file of Motor Accident Claims Tribunal, III

Small Causes Court, Chennai.

2.Heard the learned counsel appearing for the appellant, who is

appearing before this Court physically as well as the learned counsel

appearing for the respondent through Video-conferencing/Hybrid mode and

perused the entire materials available on record.

3.The appellant is the respondent in M.C.O.P.No.2389 of 2007 on the

file of Motor Accident Claims Tribunal, III Small Causes Court, Chennai. The

respondent filed the said M.C.O.P claiming a sum of Rs.6,00,000/- as

compensation for the injuries sustained by him in the accident that took place

on 17.07.2006. According to the respondent, the accident has occurred only

due to rash and negligent driving by the driver of the bus belonging to the

appellant. The appellant filed counter statement and denied the same. Before

the Tribunal, the respondent examined himself as P.W.1,

https://www.mhc.tn.gov.in/judis C.M.A.No.2909 of 2013

Dr.K.J.Mathiazhagan was examined as P.W.2 and marked 17 documents as

Exs.P1 to P17. On the side of the appellant/Transport Corporation, the driver

of the bus was examined as R.W.1. The appellant/Transport Corporation did

not mark any document. The Tribunal considering the pleadings, oral and

documentary evidence held that the accident has occurred only due to rash

and negligent driving by the driver of the bus belonging to the

appellant/Transport Corporation, the respondent has contributed to 25%

negligence, fixed 75 : 25 negligence on the part of the driver of the bus

belonging to the appellant/Transport Corporation as well as the respondent

respectively, awarded a sum of Rs.4,09,150/- as compensation and directed

the appellant/Transport Corporation to pay a sum of Rs.3,06,865/- being 75%

of the compensation to the respondent.

4.Challenging the said award of the Tribunal, the appellant/Transport

Corporation has come out with the present appeal.

5.From the materials available on record, it is seen that the respondent

filed C.M.A.No.1211 of 2012 for setting aside 25% negligence fixed on the

respondent as well as for enhancement of compensation. This Court by the

https://www.mhc.tn.gov.in/judis C.M.A.No.2909 of 2013

judgment dated 29.04.2019 made in C.M.A.No.1211 of 2012, held that the

accident has occurred only due to rash and negligent driving by the driver of

the bus belonging to the appellant/Transport Corporation, there is no

negligence on the part of the respondent and set aside the portion of award

fixing 25% negligence on the respondent. This Court considering the

materials, enhanced compensation awarded by the Tribunal from 3,06,865/-

to Rs.4,64,202/- and granted permission to the respondent to withdraw the

entire amount as compensation. The appellant/Transport Corporation has not

challenged the said judgment passed by this Court and the same has become

final.

6.In view of the above, the present Civil Miscellaneous Appeal filed by

the Transport Corporation is without merits and accordingly, it is dismissed.

No costs. Consequently, connected Miscellaneous Petition is closed.

17.11.2021 Index : Yes / No kj

V.M.VELUMANI, J.,

https://www.mhc.tn.gov.in/judis C.M.A.No.2909 of 2013

kj

To

1.III Judge Small Causes Court, Chennai.

2.The Section Officer V.R.Section High Court, Chennai.

C.M.A.No.2909 of 2013 and M.P.No.1 of 2013

17.11.2021

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