The Managing Director vs Nisha
2024 Latest Caselaw 15137 Mad

Madras High Court

The Managing Director vs Nisha on 5 August, 2024

Author: R. Hemalatha

Bench: R. Hemalatha

                                                               1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 05.08.2024

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                C.M.A.No.1953 of 2024 &
                                                C.M.P. No.15177 of 2024

                     The Managing Director,
                     Metropolitan Transport Corporation Ltd.,
                     Pallavansalai,
                     Chennai 600 002.                                              ... Appellant

                                                             ..Vs..
                     1. Nisha
                     2. Abdul Malik
                     3. Benazir Banu
                     4. Kajamohideen
                     5. Mumtaj                                                  ...Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the award passed by the Motor Accidents
                     Claims        Tribunal   (VI    Court    of      Small   Causes),   Chennai,   in
                     M.C.O.P.No.7533 of 2015 dated 09.02.2022
                                   For Appellant       : Mr.A. Vinothraj
                                   For Respondents     : Mr. K. Balaji
                                                         for M/s. Ramya V Rao

                                                       JUDGMENT

The present appeal is filed by the Metropolitan Transport

Corporation Ltd, Chennai, as against the orders passed by the learned VI

Judge, Small Causes Court, Chennai, in M.C.O.P. No.7533/2015, dated https://www.mhc.tn.gov.in/judis

09.02.2022.

2. The appellant is the Managing Director of Metropolitan

Transport Corporation Limited, Chennai. The respondents/complainants

filed a Claim Petition in M.C.O.P. No.7533/2015 before the VI Judge,

Small Causes Court, Chennai, seeking compensation for the accident that

took place on 05.06.2015. According to the claimants, the deceased

Hameed, husband of the 1st respondent and father of the respondents 2 to

5 was travelling in a bus bearing Registration No.TN 01 N 5908 (Route

No.116A) and at about 03.15 p.m. when the bus was nearing Madipoonga

bus stop at Broadway, Chennai, Hameed (the deceased) fell down from

the bus and sustained injuries. He was immediately rushed to Stanley

Hospital, Chennai, where he was admitted as an inpatient. However, he

succumbed to injuries on 07.06.2015. According to the claimants, the rash

and negligent driving of the driver of the Transport Corporation bus was

the cause of accident and that they are liable to pay compensation to the

claimants.

3. The tribunal after analysing the evidence on record, fixed

negligence and liability on the part of the Metropolitan Transport https://www.mhc.tn.gov.in/judis

Corporation Ltd., and awarded a compensation of Rs.17,65,000/- together

with interest at the rate of 7.5% per annum from the date of the petition

till the date of realisation. Questioning the liability, the appellant/

Metropolitan Transport Corporation Ltd., has filed the present appeal.

4. Heard Mr.A. Vinothraj, learned counsel for the appellant and

Mr. K. Balaji, learned counsel for the respondents.

5. Mr. A. Vinothraj, learned counsel for the appellant contended

that the deceased Hameed was travelling on the foot board of the bus and

fell down and therefore, liability cannot be fastened upon the

Metropolitan Transport Corporation Ltd., Chennai.

6. It is seen from the records that the bus was plying in a busy

locality and the driver and the conductor of the bus should have informed

the passengers to get into the bus if they found them travelling on the foot

board. In the instant case, the driver/conductor had failed to discharge

their duty. In the circumstances, fixing the liability on the part of the

Metropolitan Transport Corporation Ltd., by the tribunal cannot be found

fault with. Accordingly, the Civil Miscellaneous Appeal stands dismissed.

No costs. Consequently connected miscellaneous petition is closed. https://www.mhc.tn.gov.in/judis

05.08.2024 Index : Yes/No Internet : Yes/No bga

To

1. The VI Judge, Small Causes Court, Motor Accident Claims Tribunal, Chennai.

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

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

R. HEMALATHA, J.

bga

05.08.2024

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