The Managing Director vs Nasrin Banu
2021 Latest Caselaw 20663 Mad

                                                                                    C.M.A.No.2902 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 07.10.2021

                                                          CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                C.M.A.No.2902 of 2021 &
                                                 CMP.No.16641 of 2021

                     The Managing Director,
                     Tamilnadu State Transport Corporation,
                     Periya Milagu Parai,
                     Trichy District.                                         ...       Appellant

                                                            Vs
                     1.Nasrin Banu
                     2.Minor Rijwan
                     3.Minor Siddhik
                     (Minors rep. by their mother/1st respondent)
                     4.Jeidunbee                                              ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, challenging the Judgment and Decree dated
                     01.03.2021 made in MCOP.NO.52 of 2020 on the file of the Motor
                     Accident Claims Tribunal, Principal District Judge, Namakkal.


                                     For Appellant            : Mr.L.Ramanathan




                     1/6




https://www.mhc.tn.gov.in/judis/
                                                                                   C.M.A.No.2902 of 2021


                                                      JUDGMENT

This appeal has been filed by the Transport Corporation challenging

the award dated 01.03.2021 passed by the Motor Accident Claims Tribunal

(Principal District Judge, Namakkal) in MCOP.No.52 of 2020.

2. Heard Mr.L.Ramanathan, learned counsel for the Appellant. Since

no adverse orders are going to be passed against the respondents/claimants,

notice to the respondents is dispensed with by this court.

3. The Appellant Transport Corporation has challenged the impugned

award only on the ground that the Tribunal has erroneously fixed the entire

negligence on the part of the bus owned by the Appellant Transport

Corporation. They have not questioned the quantum of compensation

awarded by the Tribunal.

4. Before the Tribunal, the respondents/claimants have filed twelve

documents which were marked as Ex.P1 to Ex.P12 and two witnesses were

examined on their side namely the first respondent/claimant, the wife of the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2902 of 2021

deceased as PW1 and an eye-witness to the accident as PW2. On the side of

the Appellant Transport Corporation, one witness was examined namely, the

driver of the bus which caused the accident as RW1 and no document was

filed on their side.

5. The contention of the Appellant Transport Corporation is that the

deceased was not wearing a helmet at the time of the accident and therefore,

there is a contributory negligence on his part also. However, in the

deposition of PW1, the wife of the deceased, she has categorically deposed

that the deceased was wearing a helmet at the time of the accident. No

contra evidence has been produced by the Appellant Transport Corporation

to disprove the contention of PW1.

6. Based on preponderance of probabilities, the Tribunal has rightly

fixed the entire negligence on the part of the driver of the bus owned by the

Appellant Transport Corporation. Therefore, this Court does not find any

merit in the findings given by the Tribunal.

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7. In the result, this Appeal is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

8. The Appellant Transport Corporation is directed to deposit the

amount awarded by the Tribunal together with interest from the date of

claim till the date of deposit and cost, after deducting the amount already

deposited if any to the credit of MCOP.No.52 of 2020 within a period of

four weeks from the date of receipt of a copy of this Judgement. On such

deposit being made, the Tribunal shall transfer the respective share of award

amount lying to the credit of MCOP.No.52 of 2020 to the bank account of

the respondents 1 & 4/claimants as per the ratio apportioned by the Tribunal

through RTGS within a period of one week thereafter. Since the second and

third respondents/claimants are minors, their respective share of award

amount lying to the credit of MCOP.No.52 of 2020 shall be deposited in

any one of the Nationalised Banks till they attain the age of majority and the

mother of the minors, the first respondent herein is permitted to withdraw

the interest accrued once in six months for the welfare of the minors. If the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2902 of 2021

minors attain majority, it is open for them to file formal petitions to declare

them as major.

07.10.2021 nl

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. The Principal District Judge, Namakkal.

2.The Section Officer, V.R.Section, High Court of Madras.

ABDUL QUDDHOSE, J.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2902 of 2021

nl

C.M.A.No.2902 of 2021

07.10.2021

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