The Managing Director vs Kalyanasundaram ...1St
2021 Latest Caselaw 22869 Mad

                                                               C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 23.11.2021

                                                     CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                    C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019
                                                       and
                                  C.M.P.(MD)Nos.2143, 2144, 2145 and 2146 of 2019

                  The Managing Director,
                  Tamil Nadu Transport Corporation Ltd.,
                  Chennai,
                  Having Office at Chennai-1.       ...Appellant/1st Respondent in all CMAs.

Vs.

1.Kalyanasundaram ...1st Respondent/Petitioner in CMA(MD)No.159 of 2019

2.Umamaheswari ...1st Respondent/Petitioner in CMA(MD)No.160 of 2019

3.Saravanan ...1st Respondent/Petitioner in CMA(MD)No.161 of 2019

4.Minor Rishikeswaran ...1st Respondent/Petitioner in CMA(MD)No.162 of 2019

5.R.Yokesh

6.The Branch Manager, Oriental Insurance Company Ltd., Having Office at Trichy – 3. ...2nd & 3rd Respondents/2nd & 3rd Respondents in all CMAs

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

COMMON PRAYER : Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award and decree made in M.C.O.P.Nos.237, 238, 239 and 244 of 2012, dated 29.10.2018 on the file of the Motor Accident Claims Tribunal/Principal Sub Court, Kumbakonam.

In All CMAs.

                                       For Appellant     :Mr.P.Prabhakaran
                                       For R-1           :Mr.A.Thiruvadikumar
                                       For R-2           :Mr.G.Gomathi Sankar
                                       For R-3           :Mr.C.Jawahar Ravindran



                                             COMMON JUDGMENT

The appellant/ Transport Corporation is the first respondent in

M.C.O.P.Nos.237, 238, 239 and 244 of 2012. Challenging the award of the

Tribunal fixing the negligence on the first respondent, the driver of the bus

and directing the appellant to pay the compensation to the first respondent in

all CMAs, the present civil miscellaneous appeals are filed.

2.It is a case of accident, which took place on 14.11.2010, at about

10.30 p.m. the first respondent in all CMAs/petitioner in all M.C.O.Ps were

travelling in TATA Indica Car (Taxi) bearing Registration No.TN-68-A-1819

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

from Kumakonam to Thiruvannamalai, while moving right in Trichy –

Chenni Byepass road coming from the Kallani road towards East to West and

then going towards the North at about 1.00 a.m., a bus which was coming

near ARC Parcel service on opposite direction in rash and negligent manner

without applying horn dashed against the car. Due to the said accident, the

claimants sustained grievous injuries.

3.The claimants have filed a petitions in M.C.O.P.Nos.237, 238, 239

and 244 of 2012 on the file of the Motor Accident Claims Tribunal/Principal

Sub Court, Kumbakonam, seeking compensation.

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

examined as P.W.1 to P.W.4 and forty two documents were marked as Exs.P.1

to P.42 and on the side of the respondents, three witnesses were examined as

R.W.1 to R.W.3 and two documents were marked as Ex.R1 and Ex.R2.

5.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 and

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

directed the appellant herein to pay compensation. Against which, the

appellant/first respondent has filed these present appeals to set aside the

award of compensation passed by the Tribunal.

6.Heard the learned counsel for the appellant and the learned counsel

appearing for the respondents and perused the materials available on record.

7.According to the learned counsel for the appellant, the offending

vehicle TATA India Car (Taxi) was responsible for the accident. But the

Tribunal has fixed liability only on the appellant/Transport Corporation. The

compensation awarded by the Tribunal is excessive.

8.From the materials available on record, it is seen that F.I.R. was

registered against the driver of the bus and after investigation final report has

also been filed and marked as Ex.P3. All the injured persons are eye

witnesses stated in their evidence that the bus driver is responsible for the

accident. Eventhough driver of the bus, who was examined as R.W.1, he has

not stated about the rash and negligent of the TATA Indica Car (Taxi). So in

all aspect, the Tribunal rightly fixed the liability on the driver of the bus.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

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. 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 are dismissed. No costs.

Consequently, connected Miscellaneous Petitions are closed.

(ii)The appellant /Tamilnadu Transport Corporation 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.Nos.237, 238, 239 and 244 of 2012 on the

file of the Motor Accident Claims Tribunal/Principal Sub Court,

Kumbakonam within a period of six weeks from the date of receipt of a copy

of this order.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

(iii)On such deposit being made, except minor, other claimants are

entitled to withdraw the same, by filing necessary application before the

Tribunal.

                  Index :Yes/No                                                           23.11.2021
                  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 Accident Claims Tribunal/Principal Sub Court, Kumbakonam.

2. The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019

S.ANANTHI, J.

vsd

Judgment made in C.M.A.(MD).Nos.159, 160, 161 and 162 of 2019 and C.M.P.(MD)Nos.2143, 2144, 2145 and 2146 of 2019

23.11.2021

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