The Managing Director vs Nayagi
2023 Latest Caselaw 10013 Mad

                                                                              C.M.A.No.1727 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 09.08.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                C.M.A.No.1727 of 2023
                                                         and
                                                C.M.P.No.16967 of 2023

                     The Managing Director,
                     Tamilnadu State Transport Corporation,
                     Dharmapuri.                                                ... Appellant

                                                          Vs

                     Nayagi                                                   ... Respondent

                     Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
                     Vehicles Act, 1988, against the judgment and decree dated 04.01.2022 in
                     MCOP.No.382 of 2020 on the file of the Motor Accident Claims Tribunal,
                     Special Subordinate Court, MACT, Krishnagiri.

                                        For Appellant          : Mr.D.Nitin




                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                 C.M.A.No.1727 of 2023

                                                    JUDGMENT

The instant appeal has been filed by the Transport Corporation

challenging the award dated 04.01.2022 passed by the Motor Accident

Claims Tribunal, Special Subordinate Court, MACT, Krishnagiri in

M.C.O.P.No.382 of 2020.

2. The appellant / Transport Corporation is the respondent in

MCOP.No.382 of 2020, on the file of the Motor Accidents Claims Tribunal,

Special Subordinate Court, MACT, Krishnagiri.

3. The respondent, who is the claimant, has filed the said claim

petition claiming a sum of Rs.20,00,000/- as compensation stating that

while she was travelling along with her just born baby and her mother in an

Auto bearing Registration No.TN-24-J-3865 on the Guruvinayanapalli to

Krishnagiri, the driver of the bus bearing Registration No.TN-29-N-2679

drove the same in a rash and negligent manner and dashed against the Auto,

due to which, the respondent, her baby and her mother sustained grievous

injuries and hence, filed claim petition claiming compensation against the

appellant / Transport Corporation.

https://www.mhc.tn.gov.in/judis C.M.A.No.1727 of 2023

4. The appellant / Transport Corporation remained ex parte before

the Tribunal and hence, counter was not filed before the Tribunal.

5. The respondent examined two witnesses as PW.1 and PW.2.

Ten documents were marked as Ex.P.1 to Ex.P.10. Court documents were

marked as Ex.C1 and Ex.C2 / Disability certificates.

6. The Tribunal, after considering the evidence and documents

filed on the side of the respondent, held that the accident occurred due to

rash and negligent driving by the driver of the bus belonging to the

appellant / Transport Corporation and directed the appellant to pay a sum of

Rs.3,09,197/- as compensation to the respondent.

7. Aggrieved over the said award, the appellant / Transport

Corporation has filed the present appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.1727 of 2023

8. The learned counsel for the appellant submitted that the instant

appeal has been filed challenging the finding of negligence and the

compensation awarded by the Tribunal. The learned counsel further

submitted that the respondent-claimant has not established that the accident

took place due to the negligence of the driver of the bus belonging to the

appellant / Transport Corporation and prayed for allowing the appeal.

9. Heard the learned counsel appearing for the appellant and

perused the materials on record.

10. On perusal of the records, this Court finds that the appellant /

Transport Corporation was set ex parte before the Tribunal and the award

was passed based on the evidence of the respondent. The respondent who

examined herself as P.W.2, has stated that she suffered the injuries only due

to the accident caused on account of rash and negligent driving by the driver

of the bus. The respondent had also marked Ex.P1/FIR and

Ex.P10/Accident Register to corroborate her evidence. In the absence of

any contra evidence let in by the appellant, this Court is of the view that the

finding of the Tribunal fixing negligence on the driver of the offending

https://www.mhc.tn.gov.in/judis C.M.A.No.1727 of 2023

vehicle is justified. The learned counsel also is unable to point out any error

in the quantum of compensation awarded by the Tribunal. Therefore, this

Court does not find any reason to interfere in the award passed by the

Tribunal.

11. In the result, the Civil Miscellaneous Appeal stands dismissed

confirming the award passed by the Tribunal. Consequently connected

miscellaneous petition is closed. There shall be no order as to costs. The

appellant / Transport Corporation is directed to deposit the award amount

fixed by the Tribunal, within a period of eight weeks from the date of

receipt of copy of this Judgment. On such deposit, the respondent is

permitted to withdraw the award amount along with interest and costs, less

the amount if any, already withdrawn.

09.08.2023

Index: Yes/No Neutral Citation: Yes/No AT

https://www.mhc.tn.gov.in/judis C.M.A.No.1727 of 2023

SUNDER MOHAN, J.

AT

To

1.The Motor Accident Claims Tribunal, Special Subordinate Court, MACT, Krishnagiri.

2. The Section Officer, VR Section, High Court, Madras.

C.M.A.No.1727 of 2023 and C.M.P.No.16967 of 2023

09.08.2023

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