The High Court of Judicature at Madras dismissed an appeal filed by the Transport Corporation against the Motor Accident Claims Tribunal's dismissal of its claim petition for bus damages, upholding the Tribunal's findings that no rash and negligent driving by the opponent vehicle was established.
The Civil Miscellaneous Appeal is dismissed. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2019 CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN Civil Miscellaneous Appeal No.1020 of 2006
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore ... Appellant / petitioner. ..vs..
Appeal filed under Section 173 of Motor Vehicles Act 1988, against the award and Decree, dated 29.07.2004 made in M.C.O.P.No.81 of 2003 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Coimbatore.
For Appellant : Mr. S.V.Vasanthakumar For Respondents: Mr. S.Arunkumar, for R-3, No Appearance, for R-1 & R-2.
In respect of the damages caused to the Bus, on account of the accident that took place on 02.06.1998, a claim petition has been filed in M.C.O.P.No.81 of 2003 before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Coimbatore, by the appellant herein / Transport Corporation, claiming a sum of Rs.26,945.49.
cross-examination of P.W.2-Junior Engineer of the Transport Corporation he has stated that there was a possibility that the accident might have happened due to the rash and negligent driving of the Transport Corporation Bus driver also. Added to that, the Tribunal has also correlated the evidence of P.W.2 with that of Ex.P-1-First Information Report and ultimately came to the conclusion that it cannot be said that the accident was caused due to the rash and negligent driving of the opponent vehicle.
Sd/Assistant Registrar(CCC) //True Copy//
Sub Assistant Registrar
srk
To
C.M.A.No.1020 of 2006
pm(co) nr 15/11/2019
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in dismissing the claim petition for damages caused to the bus.
Whether the contention regarding the lorry hitting the backside of the bus affects the dismissal of the claim.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd.
Ravichandran
K.Sumathi
The Oriental Insurance Co. Ltd.
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
