The Madras High Court dismissed an appeal by the Tamil Nadu State Transport Corporation challenging a Motor Accidents Claims Tribunal award. The Court upheld the Tribunal's finding of driver negligence and the compensation quantum for the death of a motorcycle rider.
Appeal dismissed; no costs; 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.1808 of 2020 and CMP No.13305 of 2020
The Managing Director, Tamilnadu State Transport Corporation Ltd., Villupuram Division, Kancheepuram Region-631 502
...Appellant
Vs.
Respondents 2 & 3 (Minors) represented by their Mother Natural Guardian - 1st Respondent
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 04.12.2019 passed in MCOP No.126 of 2017 on the file of the Motor Accidents Claims TribunalI, (Special District Court), Tiruvallur.
Feeling aggrieved with the award passed by the tribunal, the appellant/Transport Corporation, is before this Court with this appeal.
On 23.12.2016, at about 10.00 p.m., the deceased was
riding his two wheeler, from Tiruvallur to Manavala Nagar, and while turned right near a petrol pump, a Transport Corporation bus bearing Registration lNo.TN 21-N-1757, came in a rash and negligent manner and dashed the motorcycle of the deceased, in which, the deceased sustained multiple injuries and he was initially admitted in the Government Hospital, Tiruvallur, thereafter, he was shifted to Government General Hospital, Chennai, for further treatment and died on the next day. At the time of accident, the deceased was 37 years old and he was working as a painter and earning a sum of Rs.24,000/- per month. Hence, claiming compensation of Rs.26 lakhs, claim petition has been filed.
main road, the deceased suddenly turned to his right without any indication, and bus which came in the same direction could not stop the bus, hit the motor cycle. It is a clear case of negligence on the part of the deceased. However, the Tribunal, based on the First Information Report, which was given by the claimant, fixed the negligence on the Transport Corporation. That Apart, the Tribunal fixed the monthly income of the deceased at Rs.9000/-, which is also an higher side. Towards love and affection, the Tribunal has awarded a sum of Rupees one lakh, instead of Rs.80,000/- as per the guidelines issued by the Hon'ble Supreme Court.
merit in the appeal.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
mrp
To:
The Motor Accidents Claims Tribunal-I, (Special District Court), Tiruvallur.
C.M.A.No.1808 of 2020
GMI(CO) RGA(20/09/2021)
3 issues framed by the court
Whether the Motor Accidents Claims Tribunal correctly attributed negligence to the bus driver based on witness testimony and FIR.
Whether the Tribunal's assessment of the deceased's income and compensation quantum was reasonable.
Whether the appeal against the compensation award by the Transport Corporation should be allowed.
Colour shows how this judgement treated each authority
United Insurance Company vs Satwinder Kaur and othersReferred¶28
United Insurance Company vs Satwinder Kaur and others in C.A.Nos.2705 & 2706 of 2020, dated 30.06.2020
1 provisions across 1 enactments
Tamilnadu State Transport Corporation Ltd.
Lakshmi Priya
Minor K.Vijay
Minor K.Monika
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
