In an appeal against a Motor Accidents Claims Tribunal award, the High Court held that the Transport Corporation was liable as the driver and conductor failed to ensure the passenger inside or advised him to board properly, dismissing the appeal.
Civil Miscellaneous Appeal 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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1953 of 2024 & C.M.P. No.15177 of 2024
The Managing Director, Metropolitan Transport Corporation Ltd., Pallavansalai, Chennai 600 002. ... Appellant
..Vs..
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award passed by the Motor Accidents Claims Tribunal (VI Court of Small Causes), Chennai, in M.C.O.P.No.7533 of 2015 dated 09.02.2022
For Appellant : Mr.A. Vinothraj For Respondents : Mr. K. Balaji for M/s. Ramya V Rao
JUDGMENT
The present appeal is filed by the Metropolitan Transport
Corporation Ltd, Chennai, as against the orders passed by the learned VI
Judge, Small Causes Court, Chennai, in M.C.O.P. No.7533/2015, dated https://www.mhc.tn.gov.in/judis
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09.02.2022.
2. The appellant is the Managing Director of Metropolitan Transport Corporation Limited, Chennai. The respondents/complainants filed a Claim Petition in M.C.O.P. No.7533/2015 before the VI Judge, Small Causes Court, Chennai, seeking compensation for the accident that took place on 05.06.2015. According to the claimants, the deceased Hameed, husband of the 1st respondent and father of the respondents 2 to 5 was travelling in a bus bearing Registration No.TN 01 N 5908 (Route No.116A) and at about 03.15 p.m. when the bus was nearing Madipoonga bus stop at Broadway, Chennai, Hameed (the deceased) fell down from the bus and sustained injuries. He was immediately rushed to Stanley Hospital, Chennai, where he was admitted as an inpatient. However, he succumbed to injuries on 07.06.2015. According to the claimants, the rash and negligent driving of the driver of the Transport Corporation bus was the cause of accident and that they are liable to pay compensation to the claimants.
3. The tribunal after analysing the evidence on record, fixed
https://www.mhc.tn.gov.in/judis negligence and liability on the part of the Metropolitan Transport
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Corporation Ltd., and awarded a compensation of Rs.17,65,000/- together with interest at the rate of 7.5% per annum from the date of the petition till the date of realisation. Questioning the liability, the appellant/ Metropolitan Transport Corporation Ltd., has filed the present appeal.
4. Heard Mr.A. Vinothraj, learned counsel for the appellant and Mr. K. Balaji, learned counsel for the respondents.
5. Mr. A. Vinothraj, learned counsel for the appellant contended that the deceased Hameed was travelling on the foot board of the bus and fell down and therefore, liability cannot be fastened upon the Metropolitan Transport Corporation Ltd., Chennai.
6. It is seen from the records that the bus was plying in a busy locality and the driver and the conductor of the bus should have informed the passengers to get into the bus if they found them travelling on the foot board. In the instant case, the driver/conductor had failed to discharge their duty. In the circumstances, fixing the liability on the part of the Metropolitan Transport Corporation Ltd., by the tribunal cannot be found fault with. Accordingly, the Civil Miscellaneous Appeal stands dismissed.
https://www.mhc.tn.gov.in/judis No costs. Consequently connected miscellaneous petition is closed.
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05.08.2024
Index : Yes/No Internet : Yes/No bga
To
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R. HEMALATHA, J.
bga
C.M.A.No.1953 of 2024
05.08.2024
3 issues framed by the court
Whether liability for the passenger falling from the bus was on the transport corporation despite the passenger travelling on the foot board.
Whether the tribunal's fixation of negligence and award of compensation to the dependents of the deceased should be set aside.
Whether the appellant's contention that the passenger fell while travelling on the foot board exempts the transport corporation from liability.
1 provisions across 1 enactments
The Managing Director, Metropolitan Transport Corporation Ltd.
Nisha
Abdul Malik
Benazir Banu
Kajamohideen
Mumtaj
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
