The Managing Director vs Mrs.Abiramasundari
2023 Latest Caselaw 9019 Mad

                                                                         CMA No.2527 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 26.07.2023

                                                         CORAM :

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                              C.M.A.No.2527 of 2022
                                            and C.M.P. No.19633 of 2022

                  The Managing Director,
                  Metropolitan Transport Corporation Ltd.,
                  Pallavan Salai,
                  Chennai – 2.                                     ..                  Appellant

                                                    Vs.

                  1.Mrs.Abiramasundari
                  2.Mr.Rajan                        ..                             Respondents


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988 against the judgment and decree dated 19.11.2021 made
                  in MCOP.No.1754 of 2019 on the file of the Motor Accidents Claims
                  Tribunal (Special Sub Court No.2), Court of Small Causes, Chennai.

                                        For Appellant      : Mr.A.Vinothraj

                                        For Respondents : Mr.Navaneetha Krishnan




                  1/8


https://www.mhc.tn.gov.in/judis
                                                                          CMA No.2527 of 2022


                                                     JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the

appellant/Transport Corporation questioning the impugned award of the

Tribunal.

2. The appellant / Transport Corporation is the second respondent in

MCOP.No.1754 of 2019, on the file of the Motor Accidents Claims Tribunal,

Special Sub Court No.2, Small Causes Court, Chennai.

3. According to the respondents, on the date of accident, while the

deceased was travelling as a passenger in the MTC Bus belonging to the

appellant from Vaishanava College to house at Tondiarpet, at T.II Road, Near

Corporation Zonal Office IV, suddenly a dog crossed the road due to which

the driver of the bus applied sudden break. In the said impact, the deceased

fell down from the front door of the bus and back wheel tyre ran over him.

He was immediately admitted in the Govt. Stanley hospital. Inspite of

treatment, he died in the hospital. Hence, the respondents filed the claim

petition claiming a sum of Rs.50,00,000/- as compensation against the

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

respondent.

4. The appellant filed counter denying the averments made in the claim

petition. According to the appellant, the bus was proceeding slowly on

Thiruvottriyur high road. While nearing Tondiarpet Corporation Zonal office,

the deceased taking advantage of the slow motion of the bus, alighted from

the bus through the front entrance, lost balance, fell down and caught on the

left rear wheel of the bus and invited the accident. The driver of the bus is not

responsible for the accident and hence the appellant is not liable to pay any

compensation to the appellants. The compensation claimed by the

respondents is highly excessive and prayed for dismissal of the claim petition.

5. The 2nd respondent examined himself as PW1 and one Manoharan,

eye witness to the accident was examined as PW2. Thirteen documents were

marked as Exs.P.1 to Exs.P.13. On the side of the appellant, the driver of the

bus was examined as RW1 and two documents were marked as Exs.R1 & R2.

6. The Tribunal after considering the evidence and documents filed on

the side of the appellant as well as respondents, held that the accident

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

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

to the appellant and directed the appellant to pay a sum of Rs.19,24,400/- as

compensation to the respondents. Aggrieved over the said award, the

appellant / Transport Corporation has filed the present appeal.

7. The learned counsel appearing for the appellant submitted that the

Tribunal erred in fixing the liability on the appellant. The deceased attempted

to get down from the moving bus, fell down and invited the accident. The

deceased alone is responsible for the accident and hence the appellant is not

liable to pay any compensation to the respondents. On the complaint given by

one Sankarapandian, FIR was registered in Crime No.23 of 2019. Upon

investigation, it was found that the driver of the bus belonging to the appellant

was not rash and negligent in driving the bus. The learned counsel further

submitted that the driver of the bus was examined as RW1 and the Tribunal

had not considered his evidence while fixing the liability on the appellant and

prayed for setting aside the award of the Tribunal.

8. Per contra, the learned counsel appearing for the respondents

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

contended that PW1 & PW2 have clearly stated in their deposition that the

accident had occurred only due to the rash and negligent driving by the driver

of the bus belonging to the appellant. Therefore, the Tribunal had rightly

accepted the evidence of PW1 & PW2 to hold that the appellant/Transport

Corporation is liable to pay the compensation to the respondents and prayed

for dismissal of the appeal.

9. Heard the learned counsel appearing for the appellant as well as

respondents and perused the materials available on record.

10. The only question involved in the instant appeal is whether the

Tribunal is right in fixing the liability on the appellant to pay the

compensation to the respondents.

11. From the materials on record, it is seen that the respondents have

examined PW1 & PW2 to prove the manner of accident. PW2 who is an eye-

witness to the accident has deposed that the deceased fell down from the bus

due to the sudden break applied by the driver of the bus. Though he was

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

cross examined on the side of the appellant, nothing was elicited to discredit

his version. RW1, the driver of the bus has admitted in the cross examination

that the deceased was standing inside the bus when the accident took place.

This would contradict the version of the appellant that the deceased attempted

to alight from the moving bus, fell down from the bus and invited the

accident.

12. Considering the evidence adduced on behalf of the respondents and

the evidence of RW1, driver of the bus, this court is the view that the

respondents have established that the accident occurred only due to the rash

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

appellant/Transport Corporation. Hence, the finding of the Tribunal fixing the

liability on the appellant / Transport Corporation cannot be faulted. Further,

the quantum of compensation awarded by the Tribunal is also just and

reasonable and hence the same is confirmed.

13. In the result, this Civil Miscellaneous Appeal is dismissed

confirming the award passed by the Tribunal in MCOP.No.1754 of 2019.

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

The appellant/Transport Corporation is directed to deposit the compensation

amount awarded by the Tribunal alongwith interest and costs, less the

amount already deposited if any, within a period of six (6) weeks from the

date of receipt of a copy of this judgment. On such deposit, the respondents

are permitted to withdrawn the award amount alongwith interest and costs, on

the basis of apportionment fixed by the Tribunal, less the amount, if any

already withdrawn. No costs. Consequently, connected Miscellaneous

Petition is closed.

26.07.2023

To

1. The Motor Accidents Claims Tribunal (Special Sub Court No.2), Court of Small Causes, Chennai.

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

https://www.mhc.tn.gov.in/judis CMA No.2527 of 2022

SUNDER MOHAN, J

rgr

C.M.A.No.2527 of 2022

26.07.2023

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