Madras High Court
The Managing Director vs Minor Anuvarshini on 1 October, 2021
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.3372 & 3538 of 2017 & 350 of 2018
&
CMP.Nos.21372 & 22723 of 2017 & 3404 of 2018
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram ...Appellant in all CMAs
Vs.
1. Minor Anuvarshini
Rep by Next Friend Father
K. Palanisamy ... 1st respondent in
CMA No.3372 of 2017
1. K.M.R. Eswaran
2. Susila Eswaran ... 1st and 2nd
Respondents in
in CMA No.3538 of 2017
1. K.Palanisamy ... 1st respondent in
CMA No.350 of 2018
2. S.M. Sivalingam ... 2nd respondent in
CMA No.3372 of 2017,
CMA No.350 of 2018
and
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
3rd respondent in
CMA No.3538 of 2017
3. Rasi Enterprises
Rep. by its Share Holder
K. Senthilkumar .... 3rd respondent in
CMA No.3372 of 2017,
CMA No.350 of 2018
and
4th respondent in
CMA No.3538 of 2017
4. ICICI Lombard General Insurance Company Ltd.,
Reg. Office, ICICI Bank Towers,
Pandara- Kurla Complex, Pandara West,
Mumbai - 400 051
Branch Office
Sornambiga Plaza, Omaloor Main Road,
Bus Stand Near, Salem - 9 ...... 4th respondent in
CMA No.3372 of 2017,
CMA No.350 of 2018
and
5th respondent in
CMA No.3538 of 2017
Common prayer: Civil Miscellaneous Appeals filed under Section 173
of the Motor Vehicles Act, 1988 against the Judgment and decree dated
16.09.2016 made in M.C.O.P. Nos.175, 176 & 177 of 2008 on the file of
the Motor Accident Claims Tribunal, III Additional District cum Session
Judge, Gobichettipalayam.
For Appellant in all CMAs : Mr. K.J. Sivakumar
For Respondent / claimant
in all CMAs : Mr.Ma.Pa.Thangavel
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
For Respondent /
Insurance Company
in all CMAs : Ms.R.Sreevidhya
COMMON JUDGMENT
(This case was heard through Video Conferencing)
These appeals have been filed by the Transport Corporation
challenging the impugned award dated 16.09.2016 passed by the learned
III Additional District cum Session Judge, Motor Accident Claims
Tribunal, Gobichettipalayam in M.C.O.P. Nos.175, 176 & 177 of 2008.
2. Heard Mr.K.J.Sivakumar, learned counsel for the appellant /
Transport Corporation in all Civil Miscellaneous Appeals,
Mr.Ma.Pa.Thangavel, learned counsel for the first respondent and
Ms.R.Sreevidhya, learned counsel for the fourth respondent.
3. This Court has perused the materials and evidence available on
record before the Tribunal.
4. The only ground raised by the appellant Transport Corporation
is that the Tribunal has erroneously fixed the composite negligence on
the driver of the bus owned by the appellant /Transport Corporation at
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
70%. According to them, the composite negligence fixed on the part of
the opposite insured vehicle which is insured with the respondent /
Insurance Company at 30% is incorrect assessment made by the
Tribunal. As seen from the evidence available on record, the bus owned
by the appellant / Transport Corporation which was involved in the
subject accident was taking a U-turn in the Highways. The Tribunal has
observed that the Driver of the bus was negligent in taking U-turn as he
ought to have taken sufficient precautions and ought to have seen
whether any vehicle is on the right side of the vehicle before taking a U-
turn. The sketch for the accident has also filed by the Police, which has
been marked as Ex.P3 before the Tribunal. After perusing the sketch as
well as the evidence available on record, this Court is of the considered
view that the composite negligence fixed by the Tribunal on the part of
the Driver of the bus owned by the appellant / Transport Corporation at
70% cannot be considered to be wrong as alleged by the Transport
Corporation. Therefore, the assessment made by the Tribunal that there
is 70% composite negligence on the part of the Driver of the bus is a
correct assessment.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
5. For the foregoing reasons, there is no merit in these appeals
filed by the appellant / Transport Corporation. Accordingly, all these
Civil Miscellaneous Appeals are dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
6. It is represented by the learned counsel for the Insurance
Company that they have already deposited 30% of the award amount, as
determined by the Tribunal on the file of the Motor Accident Claims
Tribunal, III Additional District cum Session Judge, Gobichettipalayam
in respective M.C.O.P. Nos.175, 176 & 177 of 2008.
7. The Appellant / Transport Corporation is directed to deposit the
entire award amount (70%) awarded by the Tribunal together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
MCOP Nos.175, 176 & 177 of 2008 on the file of the Motor Accident
Claims Tribunal, III Additional District cum Session Court,
Gobichettipalayam, within a period of four weeks from the date of
receipt of a copy of this Judgment respectively.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
8. On such deposit being made, the Tribunal is directed to transfer
the award amount directly to the bank account of the respective
respondents / claimants through RTGS, within a period of two weeks
thereafter as per the ratio of apportionment fixed by the Tribunal.
Insofar as the share of the respondent / minor claimant in CMA
No.3372 of 2017 is concerned, the same shall be deposited in Fixed
deposit in any one of the Nationalised Banks, till she attains the age of
majority and the interest accrued thereon shall be withdrawn by the
guardian of the minor claimant once in three months, directly from the
Bank. If the minor claimant has attained the age of majority, it is open to
her to file formal petition before the Tribunal to get her share of
apportionment.
01.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
To
1. The Motor Accidents Claims Tribunal,
III Additional District cum Session Judge,
Gobichettipalayam
2. The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 3372 & 3538 of 2017
& 350 of 2018
ABDUL QUDDHOSE, J.
vsi2
CMA.Nos. 3372 & 3538 of 2017 & 350 of 2018
&
CMP.Nos.21372 & 22723 of 2017 & 3404 of 2018
01.10.2021
https://www.mhc.tn.gov.in/judis/
