The Madurai Bench of Madras High Court dismissed an appeal filed by a driver claiming compensation for injuries sustained in a traffic accident where he lost control of his employer's vehicle. The court upheld the Tribunal's finding that the accident was the claimant's sole responsibility.
The appeal was dismissed. No costs awarded.
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.
C.M.A(MD)No.1609 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.1609 of 2010
P.Shanmuga Velayutham : Claimant/Appellant
Vs.
1.Ramachandran
Shanthi Theatre Complex,
Thro' its Divisional Manager. : Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, to allow the appeal by setting aside the Award of the learned Motor Accident Claims Tribunal (Subordinate Judge), Srivilliputhur, dated 29.03.2010 in M.C.O.P.No.82/2007.
For Appellant : Mr.G.Sridharan For R1 : No appearance For R2 : Ms.P.Malini
JUDGMENT
The claimant is the appellant before this Court. It is the case of the claimant that on 06.10.2004 he drove the Omni Van bearing Registration No.TN-67-Y-2156 owned by the first respondent from Kovilpatti to Rajapalayam and at about 3.30 a.m., the vehicle was near Achankulam on Sivakasi-Srivilliputhur highways in a turning, he lost the control of the vehicle and rammed a tamarind tree. In the accident, he sustained grievous injuries. Immediately, he was taken to Srivilliputhur Government Hospital and after providing first aid, he was taken to Madurai Rajaji Government Hospital.
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C.M.A(MD)No.1609 of 2010
Sd/-
Assistant Registrar(T & P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
am
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C.M.A(MD)No.1609 of 2010
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Motor Accident Claims Tribunal (Subordinate Judge), Srivilliputhur. 2.V.R. Section, Madurai Bench of Madras High Court, Madurai(2 copies)
+1 CC to M/s.T.M.HARIHARAN, Advocate ( SR-15716[F] dated 09/04/2021 )
+1 CC to M/s.P.MALINI, Advocate ( SR-15932[F] dated 16/04/2021 ) C.M.A(MD)No.1609 of 2010 09.04.2021
ES(CO) TR(19.05.2021) 3P 6C
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal correctly dismissed the claim petition on the ground that the claimant was solely responsible for the accident.
Whether compensation is maintainable when the driver pleaded guilty and paid a fine in a related criminal case.
1 provisions across 1 enactments
P. Shanmuga Velayutham
Ramachandran
National Insurance Company Ltd.
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
