The Madurai Bench of the Madras High Court heard an appeal by the Tamil Nadu State Transport Corporation seeking to set aside an award of compensation by the Motor Accident Claims Tribunal. The Court upheld the Tribunal's award and dismissed the appeal.
The Civil Miscellaneous Appeal was dismissed confirming the order of the Tribunal.
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.1307 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 08.01.2024
CORAM:
THE HON'BLE MR.JUSTICE P. DHANABAL C.M.A.(MD)No.1307 of 2011
The Managing Director Tamil Nadu State Transport Corporation Ltd., Bye pass road, Madurai-16
... Respondent/ Appellant
Vs.
K.Thirupathy .. Petitioner/Respondent
Prayer : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in MCOP No. 59 of 2005 dated 06.08.2009 on the file of the Motor Accident Claims Tribunal/IV Additional Sub Court, Madurai.
For Appellant : Mr.M.Prakash For Respondent : No appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed as against the order passed in MCOP No. 59 of 2005 dated 06.08.2009 on the file of the Motor Accident Claims Tribunal/IV Additional Sub Court,
C.M.A.(MD)No.1307 of 2011
Madurai wherein the respondent herein has filed the claim petition as against the appellant herein.
4. The brief facts of the petition are as follows :
On 12.09.2004, at about 07.35 pm., when the petitioner was travelling as a passenger in the car bearing Reg.No.TN-32-3375, at that time, the respondent driver drove the bus bearing Reg.No.TN-32-N-0797 in a rash and negligent manner and dashed against the car, as a result of which, the petitioner sustained grievous injuries. The accident took place due to negligence of the driver of the respondent. The First Information Report has been registered in Crime No.718 of 2004 as against the driver of the
C.M.A.(MD)No.1307 of 2011
respondent. The petitioner sustained grievous injuries and thereby, suffered permanent disability. Hence, the claim petition has been filed seeking compensation of Rs.1.5 lakhs.
5. The brief averments of the counter filed by the respondent are as follows :
The averments made in the petition are all false. The manner of accident, age, income of the petitioner, nature of injuries sustained by him are all denied. The case was registered as against the driver of the respondent and thereafter, the same was closed as Mistake of Fact and therefore, this petition is liable to be dismissed as against this respondent. The accident took place due to the rash and negligence of the driver of the car and the respondent is no way responsible for the accident and therefore, the petition is liable to be dismissed.
C.M.A.(MD)No.1307 of 2011
C.M.A.(MD)No.1307 of 2011
and marked documents Ex.P.1 to P.7 and on the side of the respondent, they have examined R.W.1 to R.W.3 and marked documents Ex.R.1 to R.7. The Tribunal after analyzing all the evidences and documents adduced on either side, correctly fixed the liability as against the driver of the bus and thereby, the present appeal is liable to be dismissed.
i) Whether the appeal is liable to be allowed or not?
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place due to the negligence on the part of the driver of the car. Per contra on the side of the petitioner, they have examined P.W.1 to P.W. 3 and marked documents Ex.P.1 to P.7. On perusal of the evidence of the petitioner side, they revealed that the accident took place due to negligence on the part of the driver of the bus and the First Information Report was also registered as against the driver of the Bus. The Tribunal also after analyzing the evidence adduced on both side fixed liability as against the driver of the bus.
C.M.A.(MD)No.1307 of 2011
C.M.A.(MD)No.1307 of 2011
M.C.O.P.No.59 of 2005 dated 06.08.2009 on the file of the Motor Accident Claims Tribunal/IV Additional Sub Court, Madurai. No costs.
08.01.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No aav
To:
C.M.A.(MD)No.1307 of 2011
P. DHANABAL,J.
aav
C.M.A.(MD)No.1307 of 2011
08.01.2024
1 issue framed by the court
Whether the Civil Miscellaneous Appeal filed by the Transport Corporation against the Tribunal's award of compensation is liable to be allowed?
Tamil Nadu State Transport Corporation Ltd.
K.Thirupathy
P. DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
