Transport Corporation appealed a Tribunal award of Rs.14,96,000 with interest and costs for the death of a two-wheeler rider in a collision with its bus, contesting only negligence. No contra evidence was adduced by it. The appeal was dismissed.
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C.M.A.(MD)No.544 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.06.2025
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.M.A.(MD)No.544 of 2025 and C.M.P.(MD)No.9265 of 2025
... Appellants/ Respondents
Vs.
1.Velayutham
... Respondents/ Petitioners
Prayer : This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award passed in M.C.O.P.No.1091 of 2021 dated 24.01.2024 on the file of the Motor Accident Claims Tribunal cum IV Additional District Court, Tirunelveli.
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For Appellants : Mr.S.Micheal Heldon Kumar
For Respondents : Mr.K.Mahendra Prabhu
JUDGMENT
The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1091 of 2021 dated 24.01.2024 on the file of the Motor Accident Claims Tribunal/IV Additional District Court, Tirunelveli.
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No.TN-72-N-1786 belonging to the appellants' Transport Corporation, which came in the opposite direction in a rash and negligent manner, dashed against the two wheeler and as a result of which, the two wheeler rider Venugopal was thrown out and sustained injuries and died on the spot itself and that the accident was occurred only due to the rash and negligent driving of the bus driver.
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and documentary and on hearing the arguments of both the sides, has passed the impugned award dated 24.01.2024 holding that the accident was occurred only due to the rash and negligent driving of the bus driver, directed the appellants/Transport Corporation to pay compensation of Rs.14,96,000/- (Rupees Fourteen Lakhs and Ninety Six Thousand only) jointly and severally with interest and costs. Aggrieved by the impugned award, the Transport Corporation has preferred the present appeal.
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noticing the vehicle, they have not adduced any iota of evidence to substantiate the same and they have neither examined the driver nor the conductor of the bus. There is absolutely no contra evidence with regard to the mode of the accident.
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a copy of this judgment. On such deposit being made, the respondents/ claimants are permitted to withdraw their respective shares with interest and costs, less any amount already withdrawn, by filing suitable application before the Tribunal. Parties are directed to bear their own costs. Consequently, connected Miscellaneous Petition is closed.
24.06.2025
NCC : Yes/No Index : Yes/No Internet: Yes/No csm
To:
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C.M.A.(MD)No.544 of 2025
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C.M.A.(MD)No.544 of 2025
K.MURALI SHANKAR,J.
csm
Order made in C.M.A.(MD)No.544 of 2025 and C.M.P.(MD)No.9265 of 2025
Dated : 24.06.2025
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1 issue framed by the court
Was the accident caused by the rash and negligent driving of the Transport Corporation bus driver?
1 provisions across 1 enactments
The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Tirunelveli
Velayutham
Raju
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
