A civil miscellaneous appeal by the transport corporation challenging a Motor Accident Claims Tribunal award. The court dismissed the appeal, finding no reason to interfere with the compensation quantum and declining to alter the negligence finding.
Appeal dismissed; connected civil miscellaneous petition closed; 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.100 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.100 of 2018 and C.M.P(MD)No.1521 of 2018
The Managing Director, M/s.Tamil Nadu State Transport Corporation Ltd., Dindigul Division, Dindigul. ... Appellant/Respondent
Vs.
P.Sivagnanam ... Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirapalli in M.C.O.P.No.605 of 2009, dated 18.07.2014.
For Appellant : Mr.D.Sivaraman For Respondents : No Appearance
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JUDGMENT
The present appeal has been filed by the transport corporation challenging the award passed by the Motor Accident Claims Tribunal, Tiruchirappalli in M.C.O.P.No.605 of 2009 primarily on the ground of negligence.
they are not responsible for the said accident and it has happened only due to the rash and negligent driving on the part of the rider of the two
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wheeler. They have also questioned the manner of accident and the quantum of compensation as prayed for.
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to interfere in the quantum of award. There are no merits in the appeal.
costs. Consequently, connected Civil Miscellaneous Petition is closed.
26.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No
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To
1.The Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirapalli.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J.
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Judgment made in C.M.A(MD)No.100 of 2018
26.06.2023
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in holding the transport corporation liable for negligence.
Whether the upper appellate court should interfere with the quantum of compensation awarded.
1 provisions across 1 enactments
The Managing Director, M/s.Tamil Nadu State Transport Corporation Ltd.
P.Sivagnanam
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
