Madras High Court
The General Manager vs Lakshmipriya on 25 March, 2025
C.M.A.(MD)No.958 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.958 of 2021
and
C.M.P.(MD)No.9079 of 2021
The General Manager,
Tamil Nadu State Transport
Corporation Madurai Limited,
Bye Pass Road,
Madurai District. ... Appellant/ Respondent
Vs.
1.Lakshmipriya
2.Minor.P.Muthupandi
3.Minor.P.Mohan Kumar
4.M.Thavamani (Died) ... Respondents / Petitioners
(Minor respondents 2 & 3 rep. through their father
and guardian of the 1st respondent)
( A memo dated 25.03.2025 in USR No.14382 is
recorded as 4th respondent died and the
respondents 1 to 3 who are already on record are
recorded as the legal heirs of the deceased 4th
respondent vide Court order dated 25.03.2025
made in C.M.A.(MD)No.958/2021)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the Judgment and Decree in
1/6
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C.M.A.(MD)No.958 of 2021
M.C.O.P.No.22 of 2019 dated 21.03.2019 on the file of the Motor
Accident Claims Tribunal (Chief Judicial Magistrate Court),
Srivilliputhur at Virudhunagar.
For Appellant : Mr.K.Sudalaiyandi
For R-1 to R-3 : Mr.M.Jothi Basu
For R-4 : Died
JUDGMENT
Challenging the order passed by the learned Motor Accident
Claims Tribunal (Chief Judicial Magistrate Court), Srivilliputhur at
Virudhunagar in M.C.O.P.No.22 of 2019 dated 21.03.2019, this Civil
Miscellaneous Appeal is preferred by the transport corporation.
2.For the sake of convenience, the parties herein are referred as
per their ranking before the Tribunal.
3.The claimants are the legal heirs, that is, the father, wife and
two minor sons of the deceased, namely, Thiru. Pitchai. The respondent
transport corporation is the appellant herein. On 23.03.2010 at about
2:15 P.M. while the deceased Pitchai along Tenkasi road near
Thalavaipuram junction while plying his Cycle in the left side of the
mud road from south to north, the bus belonging to the respondent
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corporation bearing registration No. TN 57 N 1651 in a rash and
negligent manner had hit the deceased from the behind causing the
death of the said person on the spot. Seeking to compensate the death
of the deceased, his legal heirs have laid the MCOP before the learned
tribunal.
4.The learned Tribunal had examined two witnesses and has
marked Exhibit P1 to P11 on the side of the petitioners and had
examined one witness and no documents were marked on the side of
the respondent. Based on the arguments, evidence deposed and the
documents marked, the learned tribunal had awarded a compensation
of Rupees 14,35,400/- (Rupees Fourteen Lakhs Thirty Five Thousand
and Four Hundred only). Challenging the same, the Transport
Corporation is before this Court.
5.The learned counsel for the appellant corporation submitted
that the learned Tribunal ought not to have fastened liability on the
Transport Corporation for the reason that the death had happened due
to the negligence of the deceased himself, who was waiting in the middle
of the road and suddenly crossed the road without noticing the bus
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involved and on that basis pressed for allowing the appeal.
6.However, this Court perused the rough sketch which is marked
as Exhibit P2, which would reveal that the accident had not happened
in the middle of the road and the bus never travelled in the middle of
the road, the bus has dashed the deceased in the side mud road which
is meant for plying two wheeler. Accordingly, the submissions of the
learned counsel for the appellant lacks merit and hence, the Civil
Miscellaneous Appeal fails.
7.By this point, the learned counsel for the claimants pointed out
that the 4th respondent who is the father of the deceased has passed
away and the legal heirs of the deceased 4th respondent are already on
record. A memo has been filed to that effect. The said memo is recorded.
Registry is directed to carry out the necessary amendments in the cause
title.
8.An amount of Rs.2,00,000/- (Rupees Two Lakhs only) which
was apportioned to the 4th respondent shall also be equally distributed
to the other surviving legal heirs.
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9.The appellant herein is directed to deposit the entire
compensation amount with accrued interest and costs to the credit of
M.C.O.P.No.22 of 2019 on the file of the Motor Accident Claims Tribunal
(Chief Judicial Magistrate Court), Srivilliputhur at Virudhunagar, within
a period of six weeks (6) from the date of receipt of copy of this
judgment, less the amount, if any already deposited. On such deposit,
the claimants are entitled to get their shares as per the apportionment
fixed by the Tribunal, less the amount, if any already withdrawn, by
making necessary application before the Tribunal. There shall be no
order as to costs. Consequently, connected miscellaneous petition is
closed.
25.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
Sml
To
The Motor Accident Claims Tribunal
(Chief Judicial Magistrate Court),
Srivilliputhur at Virudhunagar.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.,
Sml
25.03.2025
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