Madras High Court dismissed an appeal against a Motor Accident Claims Tribunal award of Rs.1.40 lakhs. Upheld the award finding the respondent driver sole at-fault.
Appellant directed to deposit award amount less amounts already deposited. Connected miscellaneous petition 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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.07.2018 CORAM: THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.(MD).No.938 of 2014 and M.P.(MD)No.1 of 2014
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Thiruvalluvar House, Pallavan Salai, Chennai.
.. Appellant /Respondent
Vs.
G.Ramamoorthy .. Respondent/Petitioner
Prayer:- Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order passed in M.C.O.P.No.38 of 2012 on the file of the Motor Accident Claims Tribunal, Additional District Court, Virudhunagar dated 05.10.2012.
For Appellant : Mr.K.Sudalaiyandi For Respondent : Mr.D.Sakkaravarthi
JUDGMENT
The manner of accident is that the respondent/claimant was driving the bus bearing registration No. KA-41-9919 from Madurai to Bangalore. While he was proceeding on Krishnagiri to Dharmapuri National Highway at KRP Dam road bridge, he dashed against another bus bearing registration No. TN-01-N-7844 belonging to the appellant which was parked in the middle of the road without any light or signal. In the said accident, he sustained grievous injuries on his right leg, chin, left leg thumb and other injuries. He filed a claim petition in M.C.O.P.No.38 of 2012 on the file of the Motor Accidents Claims Tribunal,/Additional District Court, Virdhunagar, and the Tribunal considering the oral and documentary evidence adduced on either side, directed the appellant to pay the compensation of Rs.1,40,300/- with interest at 7.5% per annum. Aggrieved by the said award, the appellant has filed this appeal, challenging negligence.
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against the parked bus and therefore, the accident occurred solely due to the fault of the respondent and he only lodged Ex.P.1 complaint before the police, perusal of Ex.P.1 shows that the same was lodged by the conductor and that R.W.1 himself in his examination, had admitted that at the time of accident, he wet to Krishnagiri depot. Thus, it is clear that at the time of accident, R.W.1 was not at all present in the scene of occurrence.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-IV)
To
1.The Additional District Judge, The Motor Accidents Claims Tribunal, (Additional District Court), Virudhunagar
2.The Record Keeper, V.R. Section,
Madurai Bench of Madras High Court, Madurai. (2 copies)
CM
ES/RP/SAR 4/01.10.2018/2P/6C
2 issues framed by the court
Whether the Motor Accidents Claims Tribunal erred in awarding compensation for a motor accident caused by rash and negligent driving.
Whether evidence regarding the parked bus adequately establishes negligence.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd.
G. Ramamoorthy
Justice J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
