S.Lakshmanan Pillai vs The Managing Director
2024 Latest Caselaw 11460 Mad

Madras High Court

S.Lakshmanan Pillai vs The Managing Director on 2 July, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                                 C.M.A(MD)No.315 of2014




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 02.07.2024

                                                       CORAM

                                  THE HON'BLE MRS.JUSTICE S.SRIMATHY

                                             C.M.A(MD)No.315 of 2014

              S.Lakshmanan Pillai                                                 ... Appellant
                                                          Vs.
              The Managing Director,
              Tamil Nadu State Transport Corporation,
              (Tirunelveli Division),
              Ranithottam, Nagercoil,
              Kanyakumari District.                                               ...Respondent

              PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
              Vehicles Act 1988, against the judgment and decree made in M.C.O.P.No.60 of
              2012, on the file of the by the Motor Accident Claims Tribunal, (IV Additional
              District Court), Tirunelveli, dated 26.07.2012.
                                      For Appellant      : Mr.T.Selvakumaran
                                      For Respondent     : Mr.Micheal Heldon Kumar
                                                        *****


                                                    JUDGMENT

The claimant has preferred this Civil Miscellaneous Appeal.

2. It is a case of injury. The contention of the claimant is that while he was

boarding the bus, another bus which had come in the reverse direction had hit https://www.mhc.tn.gov.in/judis

C.M.A(MD)No.315 of2014

him. Hence, he fell down and sustained injuries. However, the contention of the

Transport Corporation is that the alleged accident never occurred. The bus which

came in the reverse direction had not hit the claimant at all. The accident occurred

while boarding the bus, the claimant had fell down accidentally and had sustained

injuries, hence the Tribunal had held the accident was not proved and declined

compensation. It is seen that the claimant had sustained injuries. Therefore, under

no fault liability, the claimant is entitled to some compensation.

3. Hence, this Court is fixing Rs.40,000/- as full and final settlement. The

respondent Transport Company is directed to deposit the sum of Rs.40,000/- and

costs, less the amount already deposited, if any, within a period of eight weeks

from the date of receipt of a copy of this judgment. On such deposit being made,

the claimant is permitted to withdraw the same, less the amount already

withdrawn by him, if any, by filing appropriate application before the Tribunal.

4. With the above said directions, the Civil Miscellaneous Appeal is

allowed and the impugned order is set aside. No costs.

                                                                           02.07.2024
             NCC                :   Yes / No
             Index              :   Yes / No
             Internet :             Yes / No
             Tmg
https://www.mhc.tn.gov.in/judis





                                                               C.M.A(MD)No.315 of2014



              To

              1.Motor Accident Claims Tribunal,

(IV Additional District Court), Tirunelveli,

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

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

C.M.A(MD)No.315 of2014

S.SRIMATHY, J.

Tmg

02.07.2024

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