Madras High Court
The Managing Director vs Chandralekha on 21 April, 2022
C.M.A(MD)No.387 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.387 of 2019
and
C.M.P(MD)No.4723 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Tirunelveli, Tirunelveli District. .. Appellant /
Respondent
Vs
1.Chandralekha
2.Minor ThavaNirtha
3.Minor Raghavi
[Minor Respondents 2 and 3 are
represented through their mother
and guardian, 1st respondent]
4.Sivaraj
5.Chellathal .. Respondents /
Petitioners
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
1988, against the award, dated 28.04.2018, passed in M.C.O.P.No.178
of 2016 by the Motor Accident Claims Tribunal / Additional District
Court, Dindigul
For Appellant : Mr.P.Prabhakaran
For Respondent No.1 : Mr.M.Aarumugam
(No appearance)
1/6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.387 of 2019
For Respondents 4 & 5 : No appearance
JUDGMENT
*********
This Civil Miscellaneous Appeal is directed against the
award, dated 28.04.2018, passed in M.C.O.P.No.178 of 2016 by the
Motor Accident Claims Tribunal / Additional District Court, Dindigul.
2.The Tamil Nadu State Transport Corporation is the
appellant herein, challenging the award of the Tribunal made in
M.C.O.P.No.178 of 2016 on the grounds of negligence as well as
quantum of compensation.
3.The husband of the first respondent, viz., Thangaraj died
in the road transport accident and hence, the claim petition is filed.
4.The Tribunal has awarded a sum of Rs.16,99,000/- and
hence, the appeal.
5.Heard the learned counsel for the appellant / Transport
Corporation.
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C.M.A(MD)No.387 of 2019
6.Recording the manner of the accident, it is the specific
case of the claim petitioners that on the fateful day of 10.11.2015, the
driver of the respondent Corporation bus drove the bus bearing
Registration No.TN-72-N-1687 from Tirupur to Tiruchendur at about
16.00 hours and when the bus was coming near Thummachipalayam
Bus Stop, at about 18.00 hours, the rider of the two wheeler bearing
Registration No.TN-57-T-3521 came from the right side without any
signal and drove the two wheeler with high speed, without adopting
traffic rules, in a rash and negligent manner and suddenly crossed the
main road, without noticing the coming bus.
7.Before the Tribunal, the Transport Corporation has filed
counter statement specifically alleging that due to the negligent driving,
the rider of the two wheeler had invited the accident. The vehicle was
parked in the bus stop, i.e., from Tirupur to Tiruchedur. Without
noticing the vehicle coming on the main road, the deceased as rider of
the two wheeler coming from the by-line, had taken the turn and at
that time the accident has happened and he sustained injuries and
subsequently died.
8.The occurrence witness, viz., P.W.2, Rajeshkumar,
deposed that the Transport Corporation bus was not parked in the bus
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C.M.A(MD)No.387 of 2019
stop, but it has already commenced its journey and near the turning
without noticing the oncoming two wheeler from the by-line, had
dashed against the two wheeler. The driver of the Transport
Corporation bus, examined himself as R.W.1. He has deposed as stated
by the Transport Corporation in the counter statement.
9.As per Ex.P.1, FIR as well as Ex.P.2, discharge summary
and the evidence of occurrence witness, viz., P.W.2, I find that when the
deceased was coming from the side line road, the bus driver R.W.1,
drove the vehicle in a rash and negligent manner, which has resulted in
the accident. A similar finding has been recorded by the Tribunal, which
does not call for any interference at this stage. Accordingly, the
contention of the appellant / Transport Corporation is hereby rejected.
10.On the point of quantum of compensation, the deceased
is aged about 28 years at the time of the accident and proper multiplier
has been adopted and Rs.6,000/- is fixed as notional income. The
driving license of the deceased is also marked as Ex.P.7. The multiplier
and deductions are more or less just and reasonable and hence, I do
not find any valid reason to interfere with the award passed by the
Tribunal and accordingly, this Civil Miscellaneous Appeal is liable to be
dismissed.
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C.M.A(MD)No.387 of 2019
11.In the result, this Civil Miscellaneous Appeal is dismissed
and the award dated 28.04.2018 passed in M.C.O.P.No.178 of 2016 by
the Motor Accident Claims Tribunal / Additonal District Court, Dindigul is
confirmed. No costs. Consequently, connected Miscellaneous Petition is
closed.
21.04.2022
Index : Yes/No
Internet : Yes/No
smn
To
1.The Additional District Judge,
Motor Accident Claims Tribunal,
Dindigul.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.387 of 2019
RMT.TEEKAA RAMAN, J.
smn
JUDGMENT MADE IN
C.M.A(MD)No.387 of 2019
21.04.2022
https://www.mhc.tn.gov.in/judis
