The State Express Transport vs Pon Esakki
2023 Latest Caselaw 15901 Mad

Madras High Court

The State Express Transport vs Pon Esakki on 8 December, 2023

                                                                            C.M.A.(MD)No.1339 of 2011


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 08.12.2023

                                                     CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          C.M.A.(MD)No.1339 of 2011
                                                        and
                                              M.P.(MD)No.2 of 2011

                    The State Express Transport
                    Corporation Limited,
                    Through its Managing Director,
                    Pallavan Salai,
                    Chennai.                                                  ... Appellant


                                                        Vs.

                    1.Pon Esakki

                    2.Kaniammal                                              ... Respondents




                    PRAYER: Civil Miscellaneous Appeal filed under Order 173 of Motor
                    Vehicles Act, 1988, to set aside the Judgment and decree passed in
                    M.C.O.P.No.1757 of 2007 dated 31.12.2009, on the file of the Motor
                    Accident Claims Tribunal / Principal District Court, Tirunelveli.




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                                                                                  C.M.A.(MD)No.1339 of 2011


                                           For Appellant        : Mr.M.Prakash

                                           For respondent       : No appearance



                                                       JUDGMENT

This Civil Miscellaneous Appeal is by the appellant Transport

Corporation to set aside the Judgment and decree passed in M.C.O.P.No.

1757 of 2007 dated 31.12.2009, on the file of the Motor Accident Claims

Tribunal / Principal District Court, Tirunelveli.

2. For the sake of convenience, the parties are referred herein as per

their rank before the Trial Court.

3. The brief facts in a nutshell are as follows:

(i) This is a case of fatal. On 08.10.2007 at about 1.00 A.M., the

deceased one Mariappan was travelling in a bus bearing registration No.

TN 01 N 6512 belonging to the respondent. When the bus reached near

Chepakkam village on the Trichy to Chennai main road, the driver of the

bus had driven the bus in a rash and negligent manner and dashed against

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the rear portion of the lorry bearing registration No.TN 45 AC 7611 which

was parked in the left side of the road. As a result of which, the deceased

sustained several injuries and trapped inside the bus and died on the spot

itself. An FIR was registered against the driver of the bus. The deceased

was doing Agriculture and Land broker work and thereby earned not less

than Rs.9,000/- (Rupees Nine Thousand only) per month.

(ii) Hence, the legal heirs of the deceased who are the wife and the

mother of the deceased have filed a M.C.O.P.No.1757 of 2007 before the

Motor Accident Claims Tribunal / Principal District Court, Tirunelveli, for

the loss of life of deceased Mariappan. Two witnesses were examined and

Ex.P.1 to Ex.P.6 were marked on the side of the petitioners. One witness

was examined and no documentary evidence was marked on the side of the

respondent. After considering the oral and documentary evidence, the

learned Tribunal held that the accident had occurred only due to the rash

and negligent driving of the driver of the bus and fixed the liability on the

part of the respondent and also awarded a sum of Rs.6,00,500/- (Rupees

Six Lakhs and Five Hundred only) as compensation with interest at 9% p.a.

from the date of petition. Aggrieved by that award, the appellant / The

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Tamil Nadu State Transport Corporation has filed the present appeal.

4. Heard the learned Counsel appearing for the appellant and

perused the materials available on record.

5. On critical perusal of the entire award, it is clear that the Tribunal

has rightly assessed the oral and documentary evidence and arrived at a

just and reasonable compensation. In view of the same, this Court is of the

considered view that it is not necessary to interfere with the award passed

by the Tribunal except the interest portion. The interest to the award fixed

at 9% per annum is reduced to 7.5% per annum. Accordingly, this Civil

Miscellaneous Appeal is partly allowed.

6. The appellant is directed to deposit the entire compensation

amount as awarded by the Tribunal with accrued interest at a rate of 7.5%

per annum and costs to the credit of M.C.O.P.No.1757 of 2007 before the

Motor Accident Claims Tribunal / Principal District Court, Tirunelveli

within a period of eight weeks (8) from the date of receipt of copy of this

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judgment, less the amount, if any already deposited. On such deposit, the

claimants are permitted to withdraw the said amount, less the amount, if

any already withdrawn, by making necessary application before the

Tribunal. No costs. Consequently, connected miscellaneous petition is

closed.

08.12.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

The Motor Accident Claims Tribunal/ Principal District Court, Tirunelveli.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.,

Sml

08.12.2023

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