Madras High Court
The Managing Director vs G.Kala on 19 August, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1822 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HON'BLE MR. JUSTICE R. HEMALATHA
C.M.A.No.1822 of 2024
and
C.M.P.No.14360 of 2024
The Managing Director,
Tamil Nadu State Transport Corporation Ltd. (Villupuram),
Villupuram. ... Appellant
Vs.
1.G.Kala
2. G.Vedagiri
3.G.Raj
4.G.Rajeswari ... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the
Motor Vehicles Act, 1988 challenging the Judgment and Decree dated
13.10.2022 made in M.C.O.P. No.1894 of 2021 on the file of the Motor
Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
For Appellant : Mr.C.R.Suresh Kumar
For Respondents : Ms.Ramya V. Rao
1/4
https://www.mhc.tn.gov.in/judis
C.M.A.No.1822 of 2024
JUDGMENT
The appellant is the respondent in M.C.O.P. No.1894 of 2021 on the
file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small
Causes, Chennai. The present appeal is filed challenging the liability to pay
compensation.
2. The brief case of the claimants is as follows :
On 03.03.2021, Gajendran (deceased) was travelling as a passenger
in a bus bearing registration No.TN 32 N 4614 belonging to the Tamil Nadu
State Transport Corporation Ltd. (Villupuram) on Chennai - Puducherry
East Coast Road. The driver of the bus drove the vehicle rashly and
negligently, as a result of which Gajendran (deceased) was thrown out of the
bus and sustained multiple injuries all over his body. He was immediately
rushed to the Hopital. However, he succumbed to injuries on 12.03.2021.
3. According to the claimants, the rash and negligent driving of the
driver of the bus belonging to the Tamil Nadu State Transport Corporation
Ltd. (Villupuram) was the cause of the accident and therefore, they are liable
to pay compensation to them.
https://www.mhc.tn.gov.in/judis
4. The Tamil Nadu State Transport Corporation Ltd. (Villupuram)
filed a counter and the Tribunal after analysing the evidence on record fixed
the negligence on the part of the driver of the bus and awarded a sum of
Rs.20,72,420/- towards compensation together with interest at the rate of
7.5% per annum from the date of petition till the date of realisation, vide its
order dated 13.10.2022.
5. Aggrieved over the same, the present appeal is filed.
6. Heard Mr.C.R.Suresh Kumar, learned counsel appearing for the
Tamil Nadu State Transport Corporation Ltd. (Villupuram), the appellant
and Ms.Ramya V.Rao, learned counsel appearing for the respondents.
7. Mr.C.R.Suresh Kumar, learned counsel for the Tamil Nadu State
Transport Corporation Ltd. (Villupuram) contended that since the deceased
was travelling on the foot-board of the bus, the Tamil Nadu State Transport
Corporation Ltd. (Villupuram) is not liable to pay compensation to the
claimants.
https://www.mhc.tn.gov.in/judis
R. HEMALATHA. J.,
ab
8. It is the duty of the driver / conductor of a bus to see that all the
passengers have safely boarded the bus. The driver should not move his bus
if he sees any one travelling on the foot-board. Since the driver of the bus
has failed in his duty, fastening negligence on his part by the Tribunal
cannot be found fault with. Therefore, the appeal stands dismissed. No
Costs. Consequently, the connected miscellaneous petition is closed.
19.08.2024
Index : Yes/No
Speaking Order : Yes / No
Neutral Citation Case: Yes / No
ab
To
1. The Motor Accidents Claims Tribunal, Chief Judge, Court of Small
Causes, Chennai.
2. The Section officer, Record Section, High Court of Madras.
(2/2)
https://www.mhc.tn.gov.in/judis
