Madras High Court
Managing Director vs A.Kairunusa on 2 June, 2023
C.M.A. No.3242 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A. No.3242 of 2014
and MP.No.1 of 2014
Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division II,
37, Mettupalaym Road,
Coimbatore 43. ...Appellant
Versus
1. A.Kairunusa
2. S.Abu Baker
3. Sampath Kumar
[R3-Driver Given up]
4. K.A.Abbas
5. Branch Manager,
New India Assurance Co. Ltd.,
11-19, 20 Govt. Arts College Road,
Coimbatore 18. ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the fair and decreetal order dated 23.12.2010
passed in MCOP.No.619 of 2007 by the learned Judge, FTC V, Motor
Accident Claims Tribunal, Tiruppur.
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1/5
C.M.A. No.3242 of 2014
For appellant : Mr.S.S.Swaminathan
For respondents
for RR1 & 2 : Mr.Ma.P.Thangavel
for RR3 to 5 : Dismissed vide Court order dt. 13.02.2023
JUDGMENT
This appeal has been filed by the Transport Corporation challenging the
fair and decreetal order dated 23.12.2010 passed in MCOP.No.619 of 2007 by
the learned Judge, FTC V, Motor Accident Claims Tribunal, Tiruppur.
2. It is the case of the claimants, who are the parents of the deceased
minor Mukthasheer that on 06.10.2006 at about 9.00 p.m., the deceased was
travelling in an Omni Van bearing Registration No.TN-33-AA-5447, driven by
the fourth respondent from Avinashi to Coimbatore. When the Van reached
Unjappalaym Pirivu, Karumathampatti, a Corporation Bus bearing
Registration No.TN-33-N-1937 came in a rash and negligent manner and
dashed against the Omni Van. Due to the impact, the deceased succumbed to
the injuries on the spot. Hence, the claimants made a claim for a sum of
Rs.4,00,000/- against the appellant Transport Corporation and the fifth
respondent, who is the insurer of the Van.
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C.M.A. No.3242 of 2014
3. The claim petition was contested by the appellant Transport
Corporation disputing the manner of accident and their liability before the
Tribunal.
4. The Tribunal after analysing the evidence adduced on both sides came
to the conclusion that the claimants are entitled for a sum of Rs.2,25,000/- as
compensation and fixed negligence on the appellant and fifth respondent in the
ratio of 50:50 i.e., both of them are liable to pay Rs.1,12,500/- each.
5. Challenging the quantum and liability, the Transport Corporation has
filed this appeal. However, the learned counsel appearing for the appellant
Transport Corporation today fairly conceded that they have no dispute with
regard to the quantum and the 50% liability fixed on their part by the Tribunal.
6. Recording the submissions of the learned counsel for the appellant
Transport Corporation, this Civil Miscellaneous Appeal is dismissed. The
appellant is directed to deposit their share of amount, which shall carry interest
at the rate of 7.5% per annum from the date of claim petition till the date of
realisation, to the credit of the claim petition with proportionate interest and
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C.M.A. No.3242 of 2014
costs, less the amount already deposited, if any, within a period of six weeks
from the date of receipt of a copy of this judgment. On such deposit, the
claimants are permitted to withdraw the award amount, less the amount
already withdrawn, if any, together with proportionate interest and costs. No
costs. Consequently, connected miscellaneous petition is closed.
02.06.2023
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Fast Track Court V,
The Motor Accident Claims Tribunal, Tiruppur
2. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A. No.3242 of 2014
A.A.NAKKIRAN, J.
pvs
C.M.A. No.3242 of 2014
02.06.2023
https://www.mhc.tn.gov.in/judis
