Appeal by Transport Corporation against MachT award of Rs. 13.25 lakh for motor vehicle accident involving its bus. Court upheld Tribunal's finding of negligence and dismissed the appeal.
Civil Miscellaneous Appeal (C.M.A No. 1351 of 2016) and connected Civil Miscellaneous Petition (C.M.P No. 11309 of 2016) dismissed.
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.1351 of 2016
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.1351 of 2016 and
C.M.P(MD)No.11309 of 2016
The Managing Director, Tamil Nadu State Transport Corporation (Division I), Kumbakonam. ... Appellant/Respondent
Vs.
1.M.Masootha Begam
2.Tamimul Ansari 3.Asma Parveen
4.Abdul Kareem ... Respondents/Petitioners
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, Additional District and Sessions Court/E.C Act Special Court, Thanjavur in M.C.O.P.No.113 of 2009, dated 10.12.2011.
For Appellant : Mr.D.Sivaraman
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For Respondents : No Appearance
JUDGMENT
The present appeal has been filed by the transport corporation challenging the award passed by the Motor Accident Claims Tribunal, Thanjavur in M.C.O.P.No.113 of 2009.
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applied sudden brake and he lost balance and he had fallen under the front right tyre of the bus and passed away. Therefore, the transport corporation was no way responsible for the said accident and they need not pay compensation. They have also questioned the quantum of compensation as prayed for.
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awarded a sum of Rs.20,000/- towards loss of consortium to the 1st claimant, a sum of Rs.30,000/- to the claimants 2 and 3 under the head of loss of love and affection, a sum of Rs.10,000/- to the 4th claimant towards the loss of filial consortium and an another sum of Rs.10,000/has been awarded. A sum of Rs.7,000/- was awarded for funeral expenses and transport charges. Totally, a sum of Rs.13,25,000/- was awarded. This award is under challenge in the present appeal primarily on the ground of negligence.
had applied sudden brake in order to avoid dashing against a cyclist and therefore, he lost balance and fallen under the front right tyre of the bus along with the two wheeler. Therefore, they are not responsible for the said accident. The driver of the bus has been examined. One Uthuman Ali who is an eye witness has been examined as P.W.2. According to the said P.W.2, the bus had dashed against the two wheeler and that has resulted in the accident. The transport corporation has not taken any steps to mark the Motor Vehicle Inspector’s Report to establish the damages to both the vehicles in order to establish the manner of accident. Therefore, this Court does not find any reason to interfere in the findings
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of the tribunal that the accident has taken place only due to the negligence on the part of the driver of the transport corporation.
Considering the fact that the deceased was holding an international driving license and he was working as a driver in Dubai, the quantum of compensation is neither unreasonable nor exorbitant. There are no merits in the appeal.
26.06.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
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To
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C.M.A(MD)No.1351 of 2016
R.VIJAYAKUMAR,J.
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Judgment made in C.M.A(MD)No.1351 of 2016
26.06.2023
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3 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in finding the Transport Corporation liable for negligence causing the accident.
Whether the quantum of compensation awarded by the Tribunal is reasonable given the deceased was an international driver.
Whether the High Court shall interfere with the Tribunal's findings of fact regarding the manner of the accident.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation (Division I), Kumbakonam
M.Masootha Begam
Tamimul Ansari
Asma Parveen
Abdul Kareem
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
