Madras High Court
The Managing Director vs Murugan on 27 February, 2025
C.M.A.(MD) No.1492 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.1492 of 2024
and
C.M.P.(MD)No.15827 of 2024
1.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Rani Thottam, Nesamony Nagar,
Nagercoil.
2.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Office at 2, Thiruvananthapuram Road,
Vannarpettai,
Tirunelveli. ... Appellants/Respondents
vs.
1.Murugan
2.Gosal Ram
3.Veerapagu. ... Respondents/Petitioners
PRAYER: Civil Miscellaneous Appeal is filed under Sectoin 173 of
the Motor Vehicles Act, 1988 against judgment and decree dated
12.04.2024 made in M.C.O.P.No.482 of 2022 passed by the Motor
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C.M.A.(MD) No.1492 of 2024
Accidents Claims Tribunal/ IIIrd Additional District Court,
Tirunelveli.
For appellants : Mr.S.Micheal Heldon Kumar
For Respondents : No appearance
*****
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the
Managing Director of the Tamil Nadu State Transport Corporation,
Nagercoil and Tirunelveli, against the Award dated 12.04.2022
made in M.C.O.P.No.482 of 2022 passed by the Motor Accidents
Claims Tribunal/IIIrd Additional District Court, Tirunelveli, on the
negligence issue.
2. Parties are indicated herein as per their litigative status and
ranking before the Trial Court.
3. Heard the arguments of the learned counsel for the
appellants.
4. Upon consideration of oral and documentary evidence and
after hearing both sides’ arguments, the Tribunal held that as three
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persons travelled in the two wheeler at the time of accident,
contributory negligence towards deceased was fixed at 30% and
saddled the liability upon the respondents thereon/Transport
Corporations to the extent of 70% and granted the compensation of
Rs.12,94,580/- (70%) to the claimants herein.
5. As regards the issue of negligence, the
respondents/Transport Corporations were saddled with liability to
pay the compensation at 70%. This finding is under challenge in
this appeal.
6. Two M.C.O.P.s (M.C.O.P.Nos.481 & 482 of 2022) were
filed regarding the same accident. Common evidence was let in in
M.C.O.P.No.481 of 2022 and common award was passed.
7. The learned counsel for the respondents/Transport
Corporations would contend that only because of the rash and
negligent driving of the rider of the two wheeler, the accident
occurred and the Tribunal has wrongly fastened the liability at 70%
upon the respondents/Transport Corporations.
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8. From the evidence of P.W.3/Abishalpushparathi, who is an
ocular witness, it is inferable that on 24.12.2021, at about 10.30
p.m., the deceased Kamesh Pandiarajan as pillion along with one
Tamilselvan/rider of the two wheeler, in a two wheeler bearing
registration No.TN-74-AY-8192, was coming out from Vadaseri
Christopher bus stand proceeding from north to south. While a bus
bearing registration No.TN-32-N-3895 was entering into the bus
stand from east to west, due to the rash and negligent driving of the
driver of the respondents/bus, the bus hit upon the two wheeler.
Due to the said impact, both the abovesaid persons were thrown
out and sustained serious injuries and succumbed to the injuries.
9. Whereas, R.W.1/driver of the bus deposed to the effect
that in fact, he drove the bus carefully and due to the rash and
negligent driving of the rider of the two wheeler, the accident
occurred. During his cross-examination, he would accede to the
fact that FIR and Final Report have been filed against him and he
was suspended for three days due to the accident.
10. On a careful perusal of the entire evidence of ocular
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witnesses, it is pellucid that the accident occurred at the second
entrance, where the vehicles used to go out from the bus stand.
R.W.1/driver of the bus did not use the first entrance to enter into
the bus stand. From the analysis of the abovesaid details, it is
made clear that due to the rash and negligent driving of the driver
of the respondents/bus, the accident occurred and the Tribunal has
fixed the liability upon the respondents/Corporations at 70%. This
Court does not find any good reason to upset the said findings of
the Tribunal and this Court also does not find any infirmity or
perversity in the findings of the learned Tribunal.
11. In the result,
(i) The Civil Miscellaneous Appeal stands dismissed. No
costs. Consequently connected miscellaneous petition is closed.
(ii) The compensation awarded by the Tribunal
Rs.12,94,580/- (70%) is confirmed.
(iii) The appellants are directed to deposit the compensation
amount of Rs.12,94,580/- (less the amount already deposited if
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any) with interest at 7.5% p.a. from the date of filing of the claim
petition till the date of realisation to the credit of M.C.O.P.No.482 of
2022 on the file of the Motor Accidents Claims Tribunal/III
Additional District Court, Tirunelveli, within a period of eight (8)
weeks from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the claimants/respondents
are permitted to withdraw their share, as per the apportionment
made by the Tribunal, with interest, after adjusting the amount, if
any already withdrawn by filing necessary application before the
Tribunal.
27.02.2025
NCC : Yes/No (2/2)
Index : Yes / No
Internet : Yes / No
apd
To
1.The III Additional District Judge,
The Motor Accidents Claims Tribunal,
The III Additional District Court, Tirunelveli.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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R.KALAIMATHI,J
apd
Pre-delivery order made in
27.02.2025
(2/2)
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