Madras High Court
The Managing Director vs Glory Raja Packia Bai on 30 November, 2021
C.M.A.(MD).Nos.404 and 427 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).Nos.404 and 427 of 2019
and
C.M.P.(MD)Nos.4784 and 5186 of 2019
In C.M.A(MD)No.404 of 2019
The Managing Director,
Tamil Nadu Transport Corporation Ltd.,
Ranithottam,
Nagercoil. ...Appellant/2nd Respondent
Vs.
1.Glory Raja Packia Bai
2.Rev.John Sahayam
3.Rev.Eliezer Swamy Dhas
4.Arnold Harris
5.Eben Joseph Selvaraj
6.Sumi Ketzial
7.Jones Samuel
8.Thilak Singh Thambi ...Respondents 1 to 8/Petitioners 1 to 8
9.Devaraj
10.Gnana Sudha
11.The Branch Manager,
United India Insurance Company Ltd.,
Xavier Building, II Floor,
PWD Road, Nagercoil ...Respondents 9 to 11/Respondents
1, 3 & 4
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.404 and 427 of 2019
In C.M.A(MD)No.427 of 2019
The Managing Director,
Tamil Nadu Transport Corporation Ltd.,
Ranithottam,
Nagercoil. ...Appellant/2nd Respondent
Vs.
1.Francis
2.Sumi Ketzial
3.Jones Samuel
4.Thilak Thambi Singh ...Respondents 1 to 4/Petitioners
5.Devaraj
6.Gnana Sudha
7.The Branch Manager,
United India Insurance Company Ltd.,
Xavier Building, II Floor,
PWD Road, Post Box No.50,
Nagercoil. ...Respondents 2 to 7/Respondents
1, 3 & 4
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.11 and 10 of 2009, dated 27.03.2012 on the file of the Motor
Accident Claims Tribunal/Sub Court, Kuzhithurai.
In C.M.A(MD)No.404 of 2019
For Appellant :Mr.P.Prabhakaran
For R-1 to R-8 :Mr.C.Sankar Prakash
For R-9 & R-10 :No Appearance
For R-11 :Mr.J.S.Murali
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.404 and 427 of 2019
In C.M.A(MD)No.427 of 2019
For Appellant :Mr.P.Prabhakaran
For R-1 to R-4 :Mr.C.Sankar Prakash
For R-5 & R-6 :No Appearance
For R-11 :Mr.J.S.Murali
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed to set aside the
award and decree made in M.C.O.P.Nos.11 and 10 of 2009, dated 27.03.2012
on the file of the Motor Accident Claims Tribunal/Sub Court, Kuzhithurai.
2.It is a case of accident, which took place on 27.11.2007, the deceased
who was driving the Maruthi Zen Car, bearing Registration No.TN-74-
F-3364 from Kottaram to Nagercoil, while coming near Mantharam Puthur,
the bus bearing Registration No.TN-74-N-0441 came from opposite direction
in a rash and negligent manner and dashed against the car. Due to the said
accident, three persons were died.
3.The claimants have filed a petitions M.C.O.P.Nos.11 and 10 of 2009,
dated 27.03.2012 on the file of the Motor Accident Claims Tribunal/Sub
Court, Kuzhithurai, seeking compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.404 and 427 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. Against which, the
appellant/second respondent has filed these present appeals 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.According to the learned counsel for the appellant, two vehicles
came from the opposite direction and dashed with each other. So both the
vehicles are responsible for the accident. But the Tribunal has fixed liability
only on the appellant/Transport Corporation. The compensation awarded by
the Tribunal is excessive.
7.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.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.404 and 427 of 2019
The driver of the bus was evicted by the trial Court. Hence, no other evidence
to show that to fix the entire responsibility on the part of the driver of the
Maruthi Zen Car. 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 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 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
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.404 and 427 of 2019
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.11 and 10 of 2009 on the file of the
Motor Accident Claims Tribunal/Sub Court, Kuzhithurai 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.
Index :Yes/No 30.11.2021
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/Sub Court,
Kuzhithurai.
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.404 and 427 of 2019
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD).Nos.404 and 427 of 2019
and
C.M.P.(MD)Nos.4784 and 5186 of 2019
30.11.2021
https://www.mhc.tn.gov.in/judis
