Appellant challenged the award fixing 100% liability in M.C.O.P.No.752 of 2012 for the same accident where other claims were fixed at 70%. Appeal allowed; liability fixed at 70% as consistent with other claims.
Award set aside; liability fixed at 70% on appellant; authority directed to permit withdrawal of 70% deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Coram:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
The Managing Director,
Tamil Nadu State Transport Corporation Division-I, New Railway Station Road, Kumbakonam, Thanajvur District. .. Appellant/Respondent
-Vs-
Muniammal .. Respondent/Petitioner
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow the appeal and set aside the judgment and decree dated 08.03.2013, passed in M.C.O.P.No.752 of 2012, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Court / Special Court, Thanjavur.
For Appellant : Mr.P.Prabhakaran For Respondent : No Appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree dated 08.03.2013, passed in M.C.O.P.No.752 of 2012, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Court/ Special Court, Thanjavur.
2.Heard the learned counsel for the appellant and perused the materials available on record.
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and circumstances, awarded a sum of Rs.80,000/- as total compensation. The appellant, Tamil Nadu State Transport Corporation preferred this appeal, mainly on the ground that the other claimants arose on account of the same accident, the very same Motor Accident Claims Tribunal, Thanjavur fixed 70% of the liability on the appellant/ Transport Corporation and 30% liability on the offending vehicle.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
PJL
To
The Motor Accident Claims Tribunal, https://hcservices.ecourts.gov.in/hcservices/ Additional District and Sessions Court / Special Court, Thanjavur.
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COPY TO:
The Section Officer,The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.P.PRABHAKARAN, Advocate Sr.No. 78873 JAM/02.02.17/SV-MMS/3P-4C
C.M.A(MD)No.164 of 2014 02.12.2016
2 issues framed by the court
Whether the Motor Accident Claims Tribunal correctly fixed 100% liability on the Transport Corporation in one case but 70% in another for the same accident.
Whether the inconsistent liability fixation across claims filed for the same accident was unsustainable.
1 provisions across 1 enactments
Managing Director, Tamil Nadu State Transport Corporation Division-I
Muniammal
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
