The Tamil Nadu State Transport ... vs K.Selvakumar
2024 Latest Caselaw 290 Mad

Madras High Court

The Tamil Nadu State Transport ... vs K.Selvakumar on 4 January, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                              C.M.A(MD)No.585 of 2021




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 04.01.2024

                                                           CORAM

                                       THE HON'BLE MR.JUSTICE S.SRIMATHY


                                                C.M.A(MD)No.585 of 2021
                                                          and
                                                C.M.P.(MD)No.5598 of 2021

                     The Tamil Nadu State Transport Corporation,
                     Bye Pass Road, Madurai,
                     Through its Managing Director.                               ... Appellant


                                                             Vs.
                     K.Selvakumar                                                 ... Respondent

                     PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act 1988, against the Judgment and Decree, dated
                     06.08.2020, passed in M.C.O.P.No.413 of 2017 on the file of the Motor
                     Accident Claims Tribunal (Special Sub Judge), Madurai.
                                         For Appellant     : Mr.K.Sudalaiyandi

                                         For Respondent    : Mr.K.Dinesh

                                                          JUDGEMENT

The Civil Miscellaneous Appeal is filed against the order, dated

06.08.2020 in MCOP No.413 of 2017.

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

2.The main ground that is canvassed by the Transport Corporation

is that in the criminal case registered in C.C.No.9 of 2017 against the

Driver of the Transport Corporation ended in acquittal. By relying on

the said judgment, the Transport Corporation is claiming that the

Corporation is not liable to pay the same.

3.There are several judgments wherein it is stated that the criminal

proceedings cannot be relied on for any proceedings in M.C.O.P.

Therefore, the point raised by the Transport Corporation is not

acceptable. Even though several other grounds are raised each and every

ground was already dealt by the Tribunal and answered in favour of the

claimant and the Transport Corporation has not raised any legally

sustainable ground. Hence, the Civil Miscellaneous Appeal is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                      04.01.2024
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No

                     Tmg

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

To

1.Motor Accident Claims Tribunal (Special Sub Judge), Madurai.

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

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

S.SRIMATHY, J.

Tmg

Order made in

04.01.2024

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