M/S.Tamil Nadu State Transport ... vs Karuppayee ... 1St
2023 Latest Caselaw 6317 Mad

                                                                             C.M.A.(MD).No.1062 of 2011


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 15.06.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             C.M.A(MD)No.1062 of 2011
                                                      and
                                               M.P(MD) No.1 of 2011


                     M/s.Tamil Nadu State Transport Corporation Ltd.,
                     Pudukottai.                              ... Appellant/3rd Respondent
                                                        -vs-

                     1. Karuppayee                                ... 1st Respondent / Petitioner

                     2. Madhavan
                     3. Rengaiyan                                ... Respondents 2 and 3/
                                                                     Respondents 1 & 2


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, amended by Motor Vehicles (Amendment) Act, 1994
                     against the judgment and award dated 18.09.2008 made in M.C.O.P.No.62 of
                     2007, on the file of the Motor Accidents Claims Tribunal/Additional District
                     Judge, Fast Track Court, Pudukottai.


                                        For Appellant       : Mr.Royce Emmanuel. S

                                        For Respondents : No appearance



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                                                                              C.M.A.(MD).No.1062 of 2011




                                                       JUDGMENT

The present Civil Miscellaneous Appeal has been filed by the third

respondent/Insurance Company in the claim petition challenging the award

passed by the Motor Accidents Claims Tribunal/Additional District Judge,

Fast Track Court, Pudukottai, in M.C.O.P.No.62 of 2007 primarily on the

ground of negligence and quantum.

2. According to the injured claimant, she is a load woman and she

travelled in the second respondent's Trailer which was annexed with the first

respondent's Tractor on 21.02.2006, when an accident took place at about

07.15 p.m. According to the claimants, the driver of the Tractor had dashed

against the Transport Corporation bus which was coming from the opposite

direction resulting in multiple grievous injuries to the petitioner and others

who were travelling in the trailer and the bus. Therefore, the accident has

happened only due to the rash and negligent driving on the part of the driver

of the Tractor as well as the Transport Corporation bus. The claimant has

prayed for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) towards

compensation.

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C.M.A.(MD).No.1062 of 2011

3. The Transport Corporation had filed a counter contending that the

driver of the Tractor alone was responsible for the said accident and therefore,

the Transport Corporation is not liable to pay any compensation.

4. The Tribunal, after considering the oral and documentary evidence,

came to a conclusion that the Trailer has got capsized in the said accident and

the bus has dashed against a tamarind tree which would indicate that the

driver of both the vehicles have driven the respective vehicles in a rash and

negligent manner. Thereafter, the Tribunal had fixed a compensation at

Rs.50,000/- (Rupees Fifty Thousand only). This award is under challenge in

the present appeal filed by the Transport Corporation.

5. The learned counsel appearing for the appellant/Transport

Corporation has contended that the accident has taken place solely due to the

rash and negligent driving on the part of the Tractor driver. Therefore, the

Tribunal has not properly appreciated the oral evidence and has arrived at an

erroneous finding that the driver of the Transport Corporation bus is also

responsible for the said accident.

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C.M.A.(MD).No.1062 of 2011

6. Though the claimant has been served, he has not chosen to appear

before this Court either in person or through his counsel.

7. The driver of the Tractor has been examined and during his cross

examination, he had admitted the fact that the driver of the vehicle had driven

in a rash and negligent manner and after the accident the Trailer has got

capsized. The bus has dashed against the tamarind tree on the road side.

Therefore, it is clear that the driver of both the vehicles had driven in a rash

and negligent manner. This Court does not find any reason to interfere in the

said finding of the Tribunal.

8. Considering the fact that a sum of Rs.50,000/- (Rupees Fifty

Thousand only) alone has been awarded as compensation, this Court does not

any merit in the appeal.

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C.M.A.(MD).No.1062 of 2011

9. Accordingly, this Civil Miscellaneous Appeal stands dismissed.

There shall be no order as to costs. Consequently connected Miscellaneous

Petition is closed.

                                                                                          15.06.2023
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi




                     To
                     1. The Motor Accidents Claims Tribunal/

Additional District Judge, Fast Track Court, Pudukottai.

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

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

C.M.A.(MD).No.1062 of 2011

R.VIJAYAKUMAR,J.

ebsi

C.M.A.(MD)No.1062 of 2011

15.06.2023

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