Appeal by a transport corporation against a motor accident compensation award in a fatal case. The court fixed 30% contributory negligence on the uninsured parked tractor's insurer and 70% on the corporation, directing apportioned deposit of Rs.9,00,000 with interest, and partly allowed the appeal.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2024
CORAM
THE HON'BLE MR.JUSTICE S.SRIMATHY
C.M.A(MD)No.1173 of 2016
and
C.M.P(MD)No. 10470 of 2016
The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram.
...Appellant
Vs.
[Minor 2nd respondent is represented by his mother and guardian of the 1st respondent]
[Minor 4th respondent is represented by his father and guardian of the 3rd respondent]
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PRAYER:
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the Award and Decree made in M.C.O.P.No.337 of 2008 dated 29.01.2016 on the file of the Motor Accident Claims Tribunal/Sub Court, Kulithalai.
For Appellant : M/s.P.Prabhakaran R-1 & R-4 : No appearance R-5 : Exparte before the Tribunal For R-6 : Mr.J.S.Murali
JUDGEMENT
This Appeal is filed by the Transport Corporation to set aside the Award and Decree made in M.C.O.P.No.337 of 2008 dated 29.01.2016 on the file of the Motor Accident Claims Tribunal/Sub Court, Kulithalai.
Corporation is that the accident occurred during the night hours and the parked Tractor has not indicated through lights that the vehicle was parked. Therefore, negligence ought to be fixed on the Tractor as well. Consequently, the Insurance Company which is shown as 6th respondent
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herein is also liable to pay compensation. However, the contention of the Insurance Company is that there is an eye witness who had deposed before the Tribunal that the Transport Corporation bus was driving on a high speed. But this contention was vehemently opposed by the Transport Corporation stating that the said witness is an interesting witness and therefore, it is considered to be as 3rd party eye witness.
considered opinion that since the Transport Corporation vehicle was travelling is high speed the Transport Corporation is negligent and liable to pay compensation. Further the Tractor which had parked without indication during the night hours is also negligent, therefore contributory negligence ought to be fixed on the Tractor as well. Therefore, this Court is fixing 30% contributory negligence on the Tractor and 70% on the Transport Corporation.
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Insurance Company, the 6th respondent is directed to deposit 30% i.e. Rs.
2,70,000/- and the Transport Corporation is directed to deposit 70% i.e. Rs.6,30,000/-. Both shall deposit along with 7.5% interest with Costs, within a period of 12 weeks from the date of receipt of a copy of the Order, less the amount if already deposited. The other orders passed by the Tribunal is hereby confirmed. No Costs. Consequently, connected miscellaneous petition is closed.
06.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA
To
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S.SRIMATHY, J.
KSA
Order made in C.M.A(MD)No.1173 of 2016
06.06.2024
1 issue framed by the court
Whether the parked Tractor was contributoryily negligent for the fatal accident and whether the Insurance Company is liable to share compensation.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram
Tamil Selvi
Minor.Muniappan
Vaiyapuri
Minor.Devaraj
Ramachandran
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
