Madras High Court
The Managing Director vs Dharmadurai on 19 October, 2024
Author: R. Hemalatha
Bench: R.Hemalatha
CMA No.2900 of 2023
and C.M.P.No.27195 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
CMA No.2900 of 2023
and
C.M.P.No.27195 of 2023
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram Division – 1) Limited,
Villupuram – 2. ... Appellant
Vs.
Dharmadurai ... Respondent
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 29.03.2023 in
M.C.O.P.2881 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai.
For Appellant : Mr.T.Chandrasekaran
For Respondent : No appearance
1/6
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CMA No.2900 of 2023
and C.M.P.No.27195 of 2023
JUDGMENT
The appellant, the Tamil Nadu State Transport Corporation,
Villupuram Division is the respondent in M.C.O.P.2881 of 2017 on the
file of the Motor Accident Claims Tribunal, Small Causes Court, Chennai.
2. The claimant filed the above said petition under Section 166 of
the Motor Vehicles Act seeking compensation of Rs.35,00,000/- for the
injuries sustained by him in a road accident that took place on 10.05.2016.
3. The case of the claimant in a nutshell is as follows:
On 10.05.2016, the claimant was travelling as a passenger in a bus
bearing Registration Number TN-25-N-0407 on Chennai –
Thiruvannamalai road. When the bus was nearing Paranur toll booth, the
driver of the bus attempted to overtake a lorry bearing Registration
Number TN-21-F-7599. However, the driver of the bus lost his control
over the bus and hit the right hand side of the lorry, on account of which,
the claimant who was sitting on the left hand side of the bus sustained
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grievous injuries.
4. According to the claimant the rash and negligent driving of the
driver of the bus bearing Registration Number TN-25-N-0407 belonging
to the Tamil Nadu State Transport Corporation was the cause of accident
and therefore, they are liable to pay compensation to him.
5. The appellant, the Tamil Nadu State Transport Corporation,
Villupuram Division, contested the claim petition.
6. The Tribunal,vide its orders dated 29.03.2023, fastened
negligence on the part of the driver of the bus and awarded compensation
of Rs.94,000/- to the claimant together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of realisation.
7. Questioning their liability to pay compensation, the appellant, the
Tamil Nadu State Transport Corporation has filed the present appeal.
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8. Heard Mr.T.Chandrasekaran, learned counsel appearing for the
appellant. Though notice was served on the respondent / claimant and his
name was also printed in the cause list, there is no representation on his
behalf.
9. Mr.T.Chandrasekaran, learned counsel appearing for the
appellant contended that though FIR was registered against the driver of
the lorry bearing Registration Number TN-21-F-7599, the Tribunal had
wrongly fastened on the part of the driver of the bus. Therefore, he prayed
for setting aside the order of the Tribunal.
10. A perusal of the records shows that the driver of the bus was
attempting to overtake the lorry bearing Registration Number TN-21-F-
7599 and in the said process hit the right hand side of the lorry. Since the
claimant was seated on the left hand side of the bus, he sustained injuries.
It is pertinent to point out that the respondent had not adduced any
acceptable evidence to show that the driver of the lorry was rash and
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negligent in driving his vehicle and the evidence of Thiru. Senthil Kumar
(R.W.1) conductor of the bus is not trustworthy as he did not witness the
occurrence. He was also in the last row of the bus. The manner of accident
clearly shows that the driver of the bus was responsible for the accident
and the Tribunal, by a well reasoned order, had fastened negligence on the
part of the driver of the bus and I do not see any reason to interfere with
the same.
11. In the result,
i. the Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
ii. the Award dated 29.03.2023 in M.C.O.P.2881 of 2017 on the file of
the Motor Accident Claims Tribunal, Special Sub Court No.1,
Small Causes Court, Chennai, is hereby confirmed.
19.10.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
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R. HEMALATHA, J.
mtl
To
1. The Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai.
2. The Section Officer, VR Section, Madras High Court, Chennai.
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