Transport Corporation appealed a fatal motor accident award, contending negligence lay solely with the car that hit the rear of its turning bus. The court found the Tribunal rightly apportioned 75% negligence on the car driver and 25% on the bus driver and dismissed the appeal.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No. 807 of 2022 and
C.M.P(MD)No.7400 of 2022
The Managing Director, Tamil Nadu State Transport Corporation, Railway Station Road, Kumbakonam Division, Kumbakonam.
... Appellant
Vs.
The Oriental Insurance Company Limited,
73/B -1 Salai Road,
Lakshmi Complex, Thillainagar,
Trichy - 620 018.
... Respondents
[Minor claimants 2 & 3 are represented through their mother and natural guardian/1st respondent herein]
[The 2nd respondent was added as per Order of the Court below, dated 15.06.2017.]
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PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the Judgment and Decree passed by the Motor Accident Claims Tribunal, Special District Court, Tiruchirappalli, in M.C.O.P.No.17 of 2016 dated 23.11.2021.
For Appellant : M/s.A.V.B Krishna Kanth For R-1 to R-3 : Mr.T.Vadivelan R-4 & R-5 : Non appearance
JUDGEMENT
The Transport Corporation has preferred this appeal against the Judgment and Decree passed by the Motor Accident Claims Tribunal, Special District Court, Tiruchirappalli, in M.C.O.P.No.17 of 2016 dated 23.11.2021.
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09.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA
To
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Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
KSA
Order made in C.M.A(MD)No.807 of 2022
09.02.2024
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1 issue framed by the court
Whether contributory negligence should be fixed on the car driver given the nature of the collision between the bus and car.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Division
Marakatham @ Geetha
Minor. Sivasakthi Sivani
Minor. Sivasakthi Yazhini
Diwahar
The Manager, Oriental Insurance Company Limited, Thillainagar, Trichy
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
