The Branch Manager vs C.Veeraiah
2024 Latest Caselaw 8592 Mad

Madras High Court

The Branch Manager vs C.Veeraiah on 5 June, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                                 C.M.A(MD)No.665 of 2016




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 05.06.2024

                                                       CORAM

                                   THE HON'BLE MRS.JUSTICE S.SRIMATHY

                                            C.M.A(MD)No.665 of 2016
                                                      and
                                            C.M.P.(MD)No.6983 of 2016
              The Branch Manager,
              Tamil Nadu State Transport Corporation,
              Pillai Thanneerandal,
              Thirumayam Road,
              Pudukkottai.                                                  ... Appellant
                                                   Vs.
              C.Veeraiah                                                    ... Respondent

              PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
              Vehicles Act 1988, against the judgement and award, dated 19.11.2015, made in
              M.C.O.P.No.210 of 2011, on the file of the Motor Accident Claims Tribunal,
              Additional District and Special Court, Pudukkottai.
                                  For Appellant     : M/S.A.R.B.Krishnakanth
                                  For Respondent    : No appearance
                                                         *****

                                                      JUDGMENT

The Transport Corporation has preferred this Civil Miscellaneous Appeal.

2. It is a case of injury. The contention of the appellant is that the Exhibit

A3 Medical Record states that the injured was under the influence of alcohol.

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When this fact was considered by the Tribunal, the Tribunal held that the accident

occurred due to influence of the alcohol was not proved by the Transport

Corporation.

3. The respondent submitted that except the said medical record, there is no

evidence that the injured was under the influence of alcohol and not even in the

FIR. But the appellant submitted that the FIR is registered by the wife of the

injured and hence she had not stated the said fact.

4. This Court is of the considered opinion when a plea that the injured was

under the influence of alcohol was taken, the Tribunal ought to have analyzed the

same and ought to have ascertained whether breath analyzer or blood test was

taken or not. Without going into such evidences, the Tribunal cannot brush aside

the said allegation.

5. Therefore, this Court is inclined to interfere with the compensation that

was awarded by the Tribunal. The Tribunal has awarded Rs.1,57,750/- as

compensation. This Court is of the considered opinion that Rs.1,25,000/- would

be a just and fair compensation. This Court is reducing Rs.32,750/- from the

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compensation awarded by the Tribunal for the allegation that the injured was

under the influence of alcohol. Hence, this Court is reducing the compensation

awarded by the Tribunal from Rs.1,57,750/- to Rs.1,25,000/-.

6.The appellant Transport Corporation is directed to deposit Rs.1,25,000/-

(Rupees One Lakh Twenty Five Thousand only) with interest at the rate of 7.5%

per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, 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, the claimant is permitted to

withdraw the same with accrued interests and costs, less the amount already

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

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

disposed of. No costs. Consequently, connected miscellaneous petition is closed.

                                                                          05.06.2024
              NCC                 :   Yes / No
              Index               :   Yes / No
              Internet            :   Yes / No

              Tmg




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







              To

              1.Motor Accident Claims Tribunal,
                Additional District and Special Court,
                Pudukkottai.

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




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







                                         S.SRIMATHY, J.

                                                         Tmg









                                                  05.06.2024




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