Madras High Court
The Managing Director vs Visalatchi on 11 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2275 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2275 of 2024 and
C.M.P.No.17637 of 2024
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Railway Station New Road,
Kumbakonam. ... Appellant
vs.
1. Visalatchi
M.Murugesan (Died)
2. M.Kumarasamy
3. Nagarajan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 31.01.2023 in
M.A.C.T.O.P.232/2004 on the file of the Motor Accident Claims Tribunal,
District Judge, Presiding Officer (FAC), Karaikal.
For Appellant : Ms.M.Rohini
For Respondents : Mr.K.Varadhakamaraj
JUDGMENT
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The present appeal is filed by the appellant, the Managing
Director, Tamilnadu State Transport Corporation, Kumbakonam against
the Award passed by the Motor Accident Claims Tribunal, Karaikal in
M.A.C.T.O.P.232/2004.
2. The respondents 1 and 2 and one M.Murugesan (deceased)
filed the claim petition under Section 166(1) of Motor Vehicles Act, in
M.A.C.T.O.P.232/2004 before the Motor Accident Claims Tribunal,
District Judge, Presiding Officer (FAC), Karaikal, seeking compensation
of Rs.20,00,000/- for the death of one Saminathan (son of the 1st claimant
and brother of the 2nd claimant) in a road accident which happened on
04.09.2004.
3. The brief case of the claimants is as follows :
On 04.09.2004, Saminathan (deceased) was riding his two-
wheeler bearing Registration number TN-50-C-2064 on Nagore main
road. When he was nearing Pondicherry Power Plant Corporation
Limited, a CRC load Van bearing Registration number TML-5107 came
in the opposite direction, hit the two wheeler, resulting in the
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instantaneous death of Saminathan.
4. According to the claimants, the rash and negligent driving of
the driver of the CRC load van bearing Registration Number TML-5107
belonging to the Tamilnadu State Transport Corporation was the cause of
the accident and therefore, the appellant is liable to pay compensation to
them.
5. The Tribunal, after analysing the evidence on record, fastened
negligence on the part of the driver of the CRC load van bearing
Registration number TML-5107 and awarded compensation of
Rs.8,94,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of realisation vide, its orders dated 31.01.2023.
6. Aggrieved over the quantum of compensation and the
negligence fastened on the part of the driver of the CRC load van, the
Tamilnadu State Transport Corporation Limited has filed the present
appeal under Section 173 of the Motor Vehicles Act.
7. Heard Ms.M.Rohini, learned counsel for the appellant,
Tamilnadu State Transport Corporation and Mr.K.Varadhakamaraj,
learned counsel appearing for the claimants / respondents.
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8. Ms.M.Rohini, learned counsel for the appellant contended
that the rider of the two wheeler was in an inebriated condition at the time
of accident as per the records, but the Tribunal has fastened negligence on
the part of the driver of the CRC Van and also awarded an exorbitant
amount of Rs.8,94,000/- towards compensation to the claimant. He
therefore, prayed for setting aside the order of the Tribunal.
9. Per contra, Mr.K.Varadhakamaraj, learned counsel appearing
for the claimants contended that the Tribunal has passed a well reasoned
order and therefore the same does not warrant any interference by this
Court.
10. The percentage of Alcohol in the blood of the deceased was
found to be 0.17 mg out of 100 ml of blood and not in excess of 30mg per
100 ml. In the decision in Nagappa vs. Gurudayal Singh & Ors. reported
in 2004-2-TNMAC 398 SC it has been held that the consumption of
alcohol is not prohibited but it shall be proved how it contributed to the
accident.
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11. More over, the manner of accident clearly shows that the
driver of the CRC load Van bearing Registration number TML-5107 was
responsible for the accident.
12. The Tribunal has also awarded just compensation and
therefore I do not see any reason to interfere with the same. Accordingly,
the Civil Miscellaneous Appeal is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
11.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
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1.The Motor Accident Claims Tribunal,
District Judge, Presiding Officer (FAC), Karaikal.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
C.M.A.No.2275 of 2024 and
11.09.2024
https://www.mhc.tn.gov.in/judis
