Madras High Court
The Managing Director vs Santhanammal on 7 September, 2022
C.M.A.(MD)No.1075 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
C.M.A.(MD)No.1075 of 2009
and
MP(MD).No.2 of 2009
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Madurai Division – 4),
Bye-Pass Road, Collectorate Post,
Dindigul. ... Appellant/Respondent
Vs.
Santhanammal ... Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgement and Decree passed in
MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate, Dindigul.
For Appellant : Mr. M.Prakash
For Respondent : Mr.A. Saravanan
*****
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1075 of 2009
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant / Transport Corporation against the Judgment and Decree passed
in MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor
Accidents Claims Tribunal / Chief Judicial Magistrate, Dindigul.
2. The respondent / claimant filed the said claim petition in
MCOP.No.64 of 2003, dated 11.07.2006 on the file of the Motor Accident
Claims Tribunal / Chief Judicial Magistrate, Dindigul, claiming a sum of
Rs.1,00,000/- as compensation, for the damages caused to the tea shop on
27.04.2003.
3. According to the respondent, on 27.04.2003 at about 1.10
p.m., one Sakthi Town Bus bearing Regn. No. TN 57 V 0697, was stopped
in the bus stop before his tea shop and the passengers were alighting from
the bus. At that time, the appellant's bus bearing Regn.No.TN57N 1145,
which was driven by its driver in a rash and negligent manner, dashed
against the back side of the above said Sakthi Town bus. Due to this hit,
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C.M.A.(MD)No.1075 of 2009
the Sakthi town bus entered into the petitioner's tea shop and caused
damages to the petitioner's properties.
4. The Tribunal, considering the pleadings, oral and
documentary evidence, awarded a total sum of Rs.71,360/- as
compensation.
5. Aggrieved by the said Award, the appellant / Transport
Corporation has filed the present Civil Miscellaneous Appeal.
6. The learned counsel appearing for the appellant submitted
that the respondent miserably failed to implead the Sakthi Town bus
bearing Regn.No.TN57C 0697 and they are only responsible for the
damages caused to the tea shop. But, the Tribunal wrongly fastened the
liability on the appellant / Transport Corporation bus and prayed for
allowing this appeal.
7. Per contra, learned counsel appearing for the respondent
submitted that because of the driver of the appellant's Transport
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C.M.A.(MD)No.1075 of 2009
Corporation bus only the said damage had caused and the learned Motor
Accidents Claims Tribunal Judge also observed that the above accident
had happened due to the negligence on the part of the driver of the
appellant's vehicle. He would further submit that the First Information
Report has also been registered against the appellant Transport
Corporation bus alone and hence, the appeal may be dismissed.
8. I have heard the learned counsel appearing for parties and
perused all the materials available on record.
9. On a perusal of the Ex.P1 - First Information Report, it is
seen that the appellant/Transport Corporation bus only dashed against the
Sakthi bus and caused damage to the respondent's tea shop. The relevant
portion of the First Information Report reads as follows:-
“............mJrkak; rpj;ijad; nfhl;ilapy;
,Ue;J jpz;Lf;fy; nehf;fp te;j rf;jp
lt[z;g!; o/vz;/57 rp 9697 nuhl;od; ,lJ
Xukhf vd; filf;F Kd;dhy; g!;lhg;gpy;
gazpfis ,wf;fptpl;L bfhz;oUe;jhh;fs;/
mg;g nkw;go g!;Rf;F gpd;dhy;
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C.M.A.(MD)No.1075 of 2009
fk;gj;jpy; ,Ue;J jpUr;rp nehf;fp te;J
bfhz;oUe;j muR ngUe;J o/vz;/57 vd;
1145g!;!pd; ,lJ Kd;gf;f lah;
btoj;J ,Gj;Jf;bfhz;L te;J Kd;dhy;
epd;W bfhz;oUe;j rj;jp lt[z; g!;!pd;
gpd;g[wk; ntfkhf tyJ gf;fk; nkhjpajhy;
nkw;go lt[z; g!;nuhl;od; tlf;F gf;fk; ,Ue;j
Ofila[ld; Toa tPl;ow;Fs; g!; g[Fe;J tpl;lJ
mjdhy; filapk; ,Ue;j Rg;gpukzpf;F fhak;
Vw;gl;lJ. lt[z; g!;!pd; tyJ gpd; gf;fk;
nrjk; mile;Js;sJ. muR ngUe;jpd; ,lJ
gf;f Kd;gFjp KGtJk; nrjk;
mile;Js;sJ ,uz;L g!;!py; gazk; bra;j
gazpfSf;F fhak; Vw;gl;lJ...................”
10. Further, in cross examination of R.W.1, who was the driver
of the appellant/Transport Corporation, he admitted himself as stated in the
First Information Report. The relevant portion of his evidence reads as
follow:-
“............. ehd; epd;W bfhz;oUe;j tz;oapd;
gpd;dhy; te;J nkhjpndd; vd;why; nyrhf
nkhjpndd;. Kd;dho brd;w tz;oapy; ehd;
bkJthf ,oj;jjhy; me;j tz;o filf;Fs; brd;W
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C.M.A.(MD)No.1075 of 2009
tpl;lJ.............”
11. It is also seen that the owner of the Sakthi bus was not
impleaded as a party before the Tribunal and hence, they are not liable to
pay compensation. There is no merit in the arguments putforth by the
counsel for the appellant.
12. The Tribunal considering the pleadings, oral and documentary
evidence let in by the parties, rightly held that the accident had occurred
only due to rash and negligent driving of the driver of the appellant
Transport Corporation. Further, the learned Judge came to the conclusion
only after appreciating all the materials on record in a proper perspective
and hence, there is no error warranting interference by this Court in such a
finding.
13. In the result, the Civil Miscellaneous Appeal is dismissed and
the compensation awarded by the Tribunal is confirmed. The appellant /
Transport Corporation is directed to deposit the entire award amount to the
credit of M.C.O.P.No.64 of 2003, on the file of the Motor Accident Claims
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C.M.A.(MD)No.1075 of 2009
Tribunal / Chief Judicial Magistrate, Dindigul, less the amount already
deposited, if any, along with accrued interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit and costs,
within a period of eight weeks from the date of receipt of a copy of this
Judgment.
14. On such deposit being made, the respondent / claimant is
entitled to withdraw the entire amount, with interest by making necessary
application before the Tribunal. No costs. Consequently, connected
Miscellaneous Petition is closed.
07.09.2022
Index :Yes/No
Internet :Yes/No
trp
To
1. The Motor Accident Claims Tribunal /
Chief Judicial Magistrate, Dindigul.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1075 of 2009
A.A. NAKKIRAN, J.,
trp/skn
C.M.A.(MD)No.1075 of 2009 and
MP(MD).No.2 of 2009
07.09.2022
https://www.mhc.tn.gov.in/judis
