The Managing Director vs Minor Ranjith Kumar
2022 Latest Caselaw 11079 Mad

                                                                                 CMA.No.653 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 24.06.2022

                                                         CORAM:

                                      THE HONOURABLE MS. JUSTICE P.T.ASHA

                                                   CMA.No.653 of 2022
                                                           &
                                                   CMP No.4633 of 2022

                     The Managing Director,
                     M/s. Tamil Nadu State Transport Corporation
                     No.12, Ramakrishna Road,
                     Salem 636 007                                                ...Appellant
                                                      vs.

                     Minor Ranjith kumar, S/o. Rajendran
                     (Minor rep[. by his N/F/Mother Manjula)                      ..Respondent

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 to set aside the decree and judgment dated
                     20.09.2021 made in M.C.O.P. No.881 of 2017 on the file of the Motor
                     Accident Claims Tribunal, Additional District Judge, Namakkal and to
                     dismiss the above claim as against the appellant.

                                  For Appellant    : Mr.D. Venkatachalam
                                  For Respondent   : Respondent name printed


                                                       JUDGMENT

The Transport Corporation Limited is the appellant before this

Court challenging the award passed in M.C.O.P. No.881 of 2017 by the

Motor Accident Claims Tribunal, Namakkal. The appeal is both on the

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

CMA.No.653 of 2022

ground of negligence as well as quantum.

2. The facts in brief which give raise to this appeal are as follows:

2.1. The claimant who is aged about 14 years has sustained

injuries in an accident on 06.06.2017 while he was riding a TVS XL

motor cycle bearing Registration No.TN 28 BB 6965 on the

Mavureddipatti-Manickampalayam road. The bus belonging to the

appellant/respondent came and dashed against the vehicle in which the

claimant was travelling and caused injuries to him. The

respondent/claimant, therefore, claimed a compensation of Rs.5,00,000/-

for the injuries sustained by him.

2.2 The Transport Corporation had filed its counter inter alia

contending that the vehicle was driven by a minor, who did not possess

license and that the minor was driving the vehicle in a rash and negligent

manner, which resulted in the accident. Therefore, they had contended

that the minor is responsible for the accident.

2.3. The Tribunal below, on considering the evidence on record,

held the negligence on the part of the driver of the respondent bus and

had also fixed a contributory negligence of 10% on the minor and https://www.mhc.tn.gov.in/judis

CMA.No.653 of 2022

awarded compensation. It is this award that is sought to be challenged.

3. Heard Mr. D. Venkatachalam, learned counsel appearing on

behalf of the appellant.

4. The records would show that the accident had occurred on

account of the rash driving by the appellant/respondent's driver. The FIR

and the evidence of P.W.1 would vouchsafe the above statement. The

Tribunal has also taken into account that the vehicle was driven by a

minor and therefore, has fixed a contributory negligence of 10% on the

minor. Therefore, the said finding and order cannot be faulted. Likewise

the quantum of award is reasonable and does not call for any interference.

Hence, this Civil Miscellaneous Appeal is dismissed. No Costs.

Consequently, connected miscellaneous petition is closed.

24.06.2022

bga

Index : Yes/No Speaking / Non-speaking order

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

CMA.No.653 of 2022

P.T.ASHA, J.

bga

To,

The Additional District Judge,

Motor Accident Claims Tribunal, Namakkal.

CMA.No.653 of 2022 & CMP No.4633 of 2022

24.06.2022

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