Madras High Court
Managing Director vs Muthupandi on 9 April, 2025
C.M.A.(MD)No.389 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.04.2025
CORAM
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.389 of 2013
and M.P.(MD)No.1 of 2013
Managing Director
Tamilnadu State Transport Corporation Limited,
Virudhunagar ... Appellant /respondent No.1
Vs.
1.Muthupandi ..Respondents/Petitioners
2.Erane Veeru
3.Bajaj Allianz General Insurance Company Limited,
Through its Branch Manager,
Madurai. ..Respondents/Respondents 2 & 3
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the Award dated 07.11.2007 made in
M.C.O.P.No.115 of 2007 on the file of the Motor Accident Claims
Tribunal/Additional District Court No.II, Tirunelveli.
For Appellant : Mr.L.Jeenfelix
for Mr.S.C.Herold Singh
For R1 : Notice to R1 is dispensed with
For R2 : Ms.S.Sunitha
1/6
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C.M.A.(MD)No.389 of 2013
for Mr.G.Aravinthan
For R3 : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is preferred by the Managing
Director of Tamilnadu State Transport Corporation Limited, Virudhunagar
against an Award dated 07.11.2007 made in M.C.O.P.No.115 of 2007 by
the Motor Accident Claims Tribunal/Additional District Court No.II,
Tirunelveli on the liability issue.
2. Legal heirs of the deceased Mariammal filed a claim petition in
M.C.O.P.No.115 of 2007 claiming compensation of Rs.5,00,000/-, due to
the road traffic accident that had occurred on 01.12.2006.
3. Upon the consideration, the Tribunal fastened the liability upon the
driver of the appellant/Tamilnadu State Transport Corporation and awarded
compensation of Rs.2,45,000/-.
4. This appeal is focused on the liability issue.
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5. The injured, Tmt.Isaki who travelled in the Auto bearing
Registration No.TN-72-K-9223 at the time of accident has been examined
as P.W.2. P.W.2 has deposed that on 01.12.2006, while she was travelling in
the Auto from Vasudevanallur to Thalaiyanaikadu and when the Auto was
nearing Sindhamani Melaperi at about 8.30 a.m., the Government bus
bearing Registration No.TN-67-N-0093 came in a rash and negligent
manner, hit against the Auto from behind. Due to the said impact, she along
with other passengers travelled in the Auto sustained grievous injuries and
Mariammal who travelled in the said Auto had also sustained grievous
injuries and died.
6. The conductor of the above said Bus, Jabaraj who was examined as
R.W.1 has deposed that the Auto carrying more number of passengers was
proceeding in front of the bus and the driver of the Auto without showing
any signal turned right side hence the left side front bumper of the bus hit
upon the Auto and the vehicle turned topsy turvy.
7. Had the version of the R.W.1 is true, R.W.1 or the driver of the bus
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would have lodged complaint against the driver of the Auto. Admittedly,
complaint was lodged by the passenger travelled in the Auto. No such
questions were posed to P.W.1 during the cross examination such as the
Auto turned to right side and because of the fault of the auto driver, the
accident had happened. All the above said details spoken by R.W.1 are not
ellucidated from P.W.2 who is an ocular witnesses. Therefore, the tribunal
has held that the testimony of R.W.1 is not reliable cannot be found fault
with.
8. On a careful analysis of the evidence of P.W.2 and R.W.1, the
tribunal has come to a conclusion that it is because of the rash and negligent
driving of the driver of the appellant/Transport Corporation Bus the
accident had occurred and therefore, the appellant/Transport Corporation is
liable to pay the compensation. This Court does not find any infirmity or
perversity in the finding of the tribulal. This Court also does not find any
good reason to upset the findings of the Tribunal. Thus, the appeal of the
appellant fails.
9. In the result, the Civil Miscellaneous Appeal stands dismissed.
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10. The appellant-Transport Corporation is directed to deposit the
award amount of Rs.2,45,000/- with interest, as ordered by the Tribunal,
after deducting the amount, if any already deposited, within a period of six
weeks from the date of receipt of a copy of this judgment.
11. On such deposit being made, the 1st respondent / claimant is
permitted to withdraw the same, on making proper application before the
Tribunal. There is no order as to costs. Consequently, the connected
miscellaneous petition is closed.
09.04.2025
Index: Yes/No
Speaking Order/Non Speaking order
Neutral Citation Case:Yes / No
gbi
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R.KALAIMATHI.J.,
gbi
To
1. The Additional District Judge,
Motor Accident Claims Tribunal,
Fast Track Court-II,
Tirunelveli.
2. The Section Officer,
V.R Section,
High Court, Madras.
09.04.2025
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