Madras High Court
The Managing Director vs S.Kavitha on 6 September, 2021
C.M.A.No. 2478 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2478 of 2021
and CMP No.14240 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Limited, Salamedu,
Vazhuthareddy & Post,
Villupuram Taluk & District ...Appellant
Vs
1.S.Kavitha
2.M.Suresh Babu
3.K.Rafi ...Respondents
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the judgment and decree dated 04.01.2021 made in
MCOP No.752 of 2018 on the file of Motor Accidents Claims Tribunal, I
Additional District and Sessions Judge, Vellore.
For Appellants : Mr.K.J.Sivakumar
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2478 of 2021
JUDGMENT
This appeal has been filed by the Transport Corporation, challenging
the impugned award dated 04.01.2021 directing the appellant Transport
Corporation as well as the owner of the vehicle/3rd respondent herein to pay
compensation of Rs.25,000/-each to the first respondent/claimant.
2. The Tribunal has held that the driver of the bus bearing
Registration No.TN 32 N 3778 and the driver of the auto rickshaw bearing
Registration No.TN 73 B 7774 are equally responsible for the accident and
directed the owners of both the vehicles to pay a sum of Rs.25,000/-each to
the first respondent/claimant.
3. The appellant Transport Corporation has challenged the Award on
the ground that since FIR has been registered only against the driver of the auto
rickshaw bearing Registration No.TN 73 B 7774, the owner of the auto
rickshaw alone is liable to pay the compensation to the first
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C.M.A.No. 2478 of 2021
respondent/claimant.
4. Any motor accident claim is based on preponderance of
probability. The Tribunal has taken note of the fact that the accident was on
head-on-collision of auto rickshaw and the bus, owned by the appellant
Transport Corporation and the accident had not occurred due to any
mechanical fault of the respective vehicles. The Tribunal has also taken note of
the fact that the front portion of both the vehicles were heavily damaged and
Ex.P6 Observation Mahazar discloses that the accident had occurred in the
middle of the road. After considering the above mentioned factors only, the
Tribunal has rightly held that the drivers of both Auto rickshaw and the Bus,
belonging to the appellant Transport Corporation are equally responsible for
the accident and awarded a sum of Rs.50,000/- as compensation to be paid by
the owner of the auto rickshaw and the appellant Transport Corporation at
Rs.25,000/- each.
5. Considering the above mentioned factors, this Court is of the
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C.M.A.No. 2478 of 2021
considered view that this Court does not find any infirmity in the findings of
the Tribunal.
6. At this juncture, it is also brought to the notice of this Court by the
learned counsel for the appellant Transport Corporation that the connected
appeals in C.M.A.Nos.2434 and 2435 of 2021 were already dismissed by this
Court on 27.08.2021.
7. In view of the above, the appeal has no merits and the civil
miscellaneous appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
06.09.2021
Index:Yes/No
Speaking Order: Yes/No
sr/rgi
To
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2478 of 2021
1. The Motor Accidents Claims Tribunal,
I Additional District and Sessions Judge, Vellore.
2. The Section Officer,
V.R.Section, High Court, Madras
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2478 of 2021
ABDUL QUIDDOSH.,J
sr/rgi
C.M.A.No. 2478 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis/
