Allowed

Sudharson Babu v. Bhaskaran

Madras HC29 Jan 2024CMA(MD)/522/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act. The appellate court set aside the order of the Motor Accident Claims Tribunal which dismissed the claim due to alleged lack of a valid license. The matter was remitted to the Tribunal to consider the claimant's learner's license within six months.

What did the court decide?

The impugned order dated 13.12.2019 of the Motor Accident Claims Tribunal is set aside. The matter is remitted to the Tribunal with a direction to consider the Learner's License within six months.

Sudharson Babu Vs Bhaskaran — Motor Accident Claims | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.01.2024

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CORAM

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THE HON'BLE MR.JUSTICE S.SRIMATHY

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C.M.A(MD)No.522 of 2021

Sudharson Babu

... Appellant

Vs.

Bhaskaran

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Tamilnadu State Transport corporation Limited, through its Managing Director, (Madurai Division-III), Office at Ranithottam, Nagercoil, Nagercoil Municipality, Agasteeshwaram Taluk, Kanyakumari District.

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... Respondents

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PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to call for the records relating to the Decree and Judgment on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Eraniel in M.C.O.P.No.72 of 2018, dated 13.12.2019.

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For Appellant : Mr.K.P.Narayanakumar For R-1 : No appearance For R-2 : R. Rajamohan, Standing Counsel

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https://www.mhc.tn.gov.in/judis

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1/5

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JUDGEMENT

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This Appeal is filed by the Claimant against the award passed by the Learned Subordinate Judge/Motor Accident Claims Tribunal, Eraniel, in M.C.O.P.No.72 of 2018, dated 13.12.2019.

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The contention of the claimant is that while he was riding

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the two-wheeler, the bus belongs to the Transport Corporation bearing Registration No.TN-23-N-1501 came and dashed against the twowheeler. In the said accident the claimant sustained grievous injuries and his Motor Cycle bearing Registration No.TN-72-R-1228 was damaged heavily.

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The contention of the claimant is that he suddenly stopped his two-wheeler, since in the opposite direction a two-wheeler was crossing on high speed. But the contention of the respondent corporation is that when the claimant had suddenly stopped his two-wheeler, the 1^st respondent/driver of the bus could not stop the bus and could not apply brake suddenly. These facts are not recorded in the Order passed by the Tribunal.

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2/5

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https://www.mhc.tn.gov.in/judis

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After trial and appreciating the evidences and documents, the Tribunal has declined to grant compensation and dismissed the claim petition since the claimant was not having valid license at the time of accident. The contention of the claimant is that he had a ‘Learner's License’ at the time of the accident, but it was not marked as exhibit before the Tribunal. Considering the claim of the claimant, in order to grant one more opportunity for marking of the ‘Learner's License’ of the claimant, this case is remitted back to the Tribunal.

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Accordingly, the Appeal is allowed and the order, dated 13.12.2019 passed by the Learned Subordinate Judge/Motor Accident Claims Tribunal, Eraniel, in M.C.O.P.No.72 of 2018 is hereby set aside. The matter is remitted back to the Tribunal. The claimant is directed to submit the ‘Learner's License’ before the Tribunal. The Tribunal is directed to consider the claim of the petitioner as per Law. The Tribunal shall consider the claim petition within a period of six months. No Costs.

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29.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA

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3/5

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https://www.mhc.tn.gov.in/judis

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The Motor Accident Claims Tribunal [III Additional District Judge], Tirunelveli.

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2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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4/5

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https://www.mhc.tn.gov.in/judis

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S.SRIMATHY, J.

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KSA

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Order made in C.M.A(MD)No.522 of 2021

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29.01.2024

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5/5 https://www.mhc.tn.gov.in/judis

Sudharson Babu v. Bhaskaran

Case brief

What is this about?

What did the court decide?

Sudharson Babu v. Bhaskaran

Case brief

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