The High Court dismissed four Civil Revision Petitions filed by a Transport Corporation challenging a Motor Accident Claims Tribunal award. Relying on a prior Supreme Court directive, the Court upheld the Tribunal's findings.
The revision petitions were dismissed with no costs being awarded; connected miscellaneous petitions were closed.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2017
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Civil Revision Petition (NPD) Nos.3210 to 3213 of 2014 and
M.P.Nos.1 to 1 of 2014
The Managing Director, Tamil Nadu State Transport Corporation Limited, Dharmapuri
... Petitioners in all W.Ps.
..Vs..
1.Minor Nathiya Minor rep.her Guardian and Father Gandhi 2.The Managing Director, Karnataka State Road Transport Corporation Limited, Bangalore, Karnataka State. ... Respondents in CRP(NPD) No.3210 of 2014
1.Govindhammal
2.The Managing Director, Karnataka State Road Transport Corporation Limited, Bangalore, Karnataka State.
...Respondents in CRP(NPD) No.3211 of 2014
1.Pachaiyammal
2.The Managing Director, Karnataka State Road Transport Corporation Limited, Bangalore, Karnataka State. ...Respondents in CRP(NPD) No.3212 of 2014
1.Gopal
2.The Managing Director, Karnataka State Road Transport Corporation Limited, Bangalore, Karnataka State. ...Respondents in CRP(NPD) No.3213 of 2014
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Prayer in CRP(NPD) No.3210 of 2014: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the Judgment and decree dated 04.04.2013 made in M.C.O.P.No.311 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.
Prayer in CRP(NPD) No.3211 of 2014: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the Judgment and decree dated 04.04.2013 made in M.C.O.P.No.314 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.
Prayer in CRP(NPD) No.3212 of 2014: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the Judgment and decree dated 04.04.2013 made in M.C.O.P.No.315 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.
Prayer in CRP(NPD) No.3213 of 2014: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the Judgment and decree dated 04.04.2013 made in M.C.O.P.No.327 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.
For petitioner : Mr.D.Venkatachalam For R1 : No appearance For R2 :Mr.T.Thiyagarajan
O R D E R
Heard both sides.
2. The learned counsel for the petitioner and the learned counsel
for the second respondent would submit that the claimant has filed claim petition seeking damages from both the first and second respondent-Transport Corporations, for having sustained injuries in the accident that had taken place on 30.10.2010.
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3. After contest, the Tribunal has fixed the negligence at 50% each in respect of both the Transport Corporations and ordered at 50% to be paid by the petitioner-Tamil Nadu State Transport Corporation and the second respondent-Karnataka State Road Transport Corporation. Challenging the same, the present revision petitions are filed by the Tamil Nadu State Transport Corporation.
4. At the time of arguments, both sides fairly conceded in this case that the accident is a head-on-collision of both the transport vehicles. Challenging the same, the claimant has filed claim petition and in that award has been now passed, against which, Civil Miscellaneous Appeal has been filed before this Court, in which, this Court by judgment dated 30.06.2014, upheld the award of the Tribunal. It is stated that both the Transport Corporations are ready to pay the 50% each, as confirmed by this Court in the said appeal, against which no one has preferred any further appeal. It is further stated that the issue raised in these C.R.Ps. is covered by a judgment rendered by this Court reported in CDJ 2014 MHC 3705 [The Managing Director, Karnataka State Road Transport Corporation Limited,Bangalore Central Division Versus Minor Jagadeesan (Represented by his next friend and National father, Mr.Dhandapani) & Another)]. Hence both counsel wants to confirm the award.
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R.MALA,J.,
nvi
5. Considering the above said decision of this Court reported in
CDJ 2014 MHC 3705 (cited supra), in which also, the negligence for both the Transport Corporations have been fixed at 50% each and the compensation was also awarded therein, thereby, the award passed by the tribunal was confirmed by this Court.
6. The above decision of this Court squarely applies to the present revision petitions. Accordingly, this Court dismisses these revision petitions. No costs. Consequently, connected Miscellaneous Petitions are closed.
05.01.2017
nvi
To
The Chief Judicial Magistrate Court, Tiruvannamalai
CRP (NPD) Nos.3210 to 3213 of 2014 aand M.P.Nos.1 to 1 of 2014
1 issue framed by the court
Whether the Civil Revision Petitions filed by the Transport Corporation challenging the Motor Accident Claims Tribunal award should be allowed.
Colour shows how this judgement treated each authority
The Managing Director, Tamil Nadu State Transport Corporation Limited
Minor Nathiya
Minor Govindhammal
Minor Pachaiyammal
The Managing Director, Karnataka State Road Transport Corporation Limited
Minor Gopal
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
