Transport Corporation appealed a motor accident award disputing its liability and seeking higher contributory negligence on injured two-wheeler riders. The court found no evidence the riders were intoxicated and confirmed the Tribunal's 80:20 apportionment of negligence between bus driver and claimants.
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.Nos. 1297 & 1334 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
Civil Miscellaneous Appeal Nos.1297 & 1334 of 2022
and
Civil Miscellaneous Petition Nos.9420 & 9624 of 2022
The Managing Director (Kumbakonam), Tamil Nadu State Transport Corporation, Periyamilaguparai, Thirichirapalli – 630 001.
... Appellant in both CMAs Vs.
Krishnamoorthy ... Respondent in CMA No.1297/2022 Rajaperumal ... Respondent in CMA No.1334/2022
Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 22.09.2021 passed in M.C.O.P.No.439 of 2019 and M.C.O.P.No.361 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court, Namakkal.
For Appellant in both CMAs : Mr. M. Murali Vinodh For Mr. L. Ramanathan For Respondent in both CMAs : Mr. C. Thangaraju
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COMMON JUDGMENT
Both the appeals arising out of the Common Award dated 22.09.2021 made in M.C.O.P.Nos.439 & 361 of 2019 passed by the Motor Accident Claims Tribunal, additional District Judge, Namakkal. The appeals arising out of same accident taken place on 01.01.2019 at about 6.40 p.m on the Trichy to Namakkal, filed by the State Transport Corporation, challenging the liability to pay the compensation.
according to their litigative status and ranking before the Tribunal.
that the claimants have negligently travelled in the two-wheeler under the influence of alcohol and that they are contributors for the accident.
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partly accepted the case of the Transport Corporation that both the claimants
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were travelled along with third person, negligently and without wearing helmet in the two-wheeler. However, it has been held that the accident was taken place due to high speed driving of the driver of the bus. Further, the Tribunal has apportioned the negligence of both sides i.e., 80% on the Transport Corporation and 20% on the claimants. The Tribunal has also quantified the compensation and awarded a sum of Rs.5,53,826/- in favour of the claimant No.1 namely Rajaperumal and a sum of Rs.3,51,905/- in favour of the claimant No.2 Krishnamoorthy along with interest at the rate of 7.5% per annum from the date of filing of claim petition till the date of realization.
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under the influence of alcohol and thereby, the entire negligence has to be fixed on the claimants alone. Even, it is accepted that the bus driver is also partly responsible for the accident, fixed the contributory negligence of the claimants shall be fixed to the extent of 50%.
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of the two-wheeler lost control and hit on the bus. The Tribunal considered this evidence and held that except this oral averment, there is no evidence to support the case of R.W.1.
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M.C.O.P.Nos.439 and 361 of 2019 by the Motor Accident Claims Tribunal, Additional District Judge, Namakkal is hereby confirmed. The Transport Corporation is directed to deposit the amount as awarded by the Tribunal along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of respective M.C.O.P.Nos.439 and 361 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court, Namakkal. On such deposit, the claimants are permitted to withdraw the award amount as awarded by the Tribunal along with interest and costs, less the amount if any, already withdrawn, as per the apportionment fixed by the Tribunal. The Tribunal shall disburse the award amount by crediting in to the Savings Bank Account of the claimants. The Transport Corporation is permitted to withdraw the amount if any, lying in the credit of respective M.C.O.P.Nos.439 and 361 of 2019 on the file of the Motor Accident Claims Tribunal, Additional District Court, Namakkal. There shall be no order as to costs in the present appeal. Consequently, the connected miscellaneous petitions are closed.
20.12.2024
ssi Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
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To:
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K. RAJASEKAR., J.
ssi
C.M.A.Nos.1297 & 1334 of 2022
20.12.2024
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1 issue framed by the court
Whether the claimants' contributory negligence should exceed the Tribunal's 20% given allegations of drunken riding and triple riding.
2 provisions across 1 enactments
The Managing Director (Kumbakonam), Tamil Nadu State Transport Corporation
Krishnamoorthy
Rajaperumal
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
