Madras High Court
The Managing Director vs Sundaraesan on 6 October, 2021
CMA.No.1643 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 1643 of 2016
The Managing Director,
Tamil Nadu State Transport Corporation,
3/137, Salamedu, Vazhuthareddy,
Villupuram. ... Appellant
Vs.
Sundaraesan ...Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree passed by the Motor
Accidents Claims Tribunal, Cuddalore (Special Subordinate Court,
Cuddalore) in M.C.O.P. No.604 of 2011 dated 06.10.2015.
For Appellant : Mr. C.S.K. Sathish
For Respondent : Mrs. Ramya V. Rao
JUDGMENT
This Appeal has been filed by the Transport Corporation
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CMA.No.1643 of 2016
questioning its liability to pay the compensation under the impugned
award dated 06.10.2015 passed by the Motor Accidents Claims
Tribunal, Special Subordinate Court, Cuddalore in M.C.O.P. No.604 of
2011 on the ground that on the date of the accident the subject bus
owned by the Transport Corporation did not ply in the route where the
accident had allegedly occurred.
2. Heard, Mr. C.S.K. Sathish, learned counsel for the Appellant
and Ms. Ramya V. Rao, learned counsel for the respondent.
3. As seen from the pleadings as well as the evidence available on
record, a consistent stand has been taken by the Appellant Transport
Corporation that their bus was not involved in the accident on
17.02.2011 at Alapakkam. However, as seen from the impugned award
even though the said stand was taken, the Tribunal has not given due
consideration, but instead has awarded a compensation as against the
Appellant also without adjudication of the issue raised by the Appellant
/ Transport Corporation. Therefore, this Court is of the considered view
that the matter will have to be remanded back to the Tribunal for fresh
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CMA.No.1643 of 2016
consideration on merits and in accordance with law, after giving due
consideration to the contention raised by the Appellant / Transport
Corporation in this Appeal.
4. In the result, the impugned award dated 06.10.2015 passed by
the Motor Accidents Claims Tribunal, Special Subordinate Court,
Cuddalore in M.C.O.P. No.604 of 2011 is hereby set aside and the matter
is remanded back to the very same Tribunal for fresh consideration on
merits and in accordance with law and by affording sufficient
opportunity to both the parties to adduce further evidence if they so
desires and the Tribunal shall pass final orders on merits and in
accordance with law, within a period of six months from the date of
receipt of copy of this Judgment.
5. With the aforesaid directions, this Civil Miscellaneous Appeal
is disposed of. No costs.
06.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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CMA.No.1643 of 2016
ab/vsi2
To
1. The Special Sub Judge,
Special Subordinate Court,
Motor Accidents Claims Tribunal,
Cuddalore.
2. The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.1643 of 2016
ABDUL QUDDHOSE, J.
ab
CMA.No.1643 of 2016
06.10.2021
https://www.mhc.tn.gov.in/judis/
