C.M.A.(MD) No.1512 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.1512 of 2024
and
C.M.P.(MD)No.15902 of 2024
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Residing at Old No.53-78/39,
New No.53-35, Chemponkarai colony, Dharmapuram,
Agasteeswaram Taluk,
Kanyakumari. ...
Appellant
vs.
1.Johnson,
2.Vijaya,
3.ThambiRajan ...
Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, against the judgment and award,
dated 30.05.2023 in M.C.O.P.No.8 of 2021, on the file of the Motor
Accidents Claims Tribunal/Chief Judicial Magistrate Court,
Kanyakumari at Nagercoil.
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C.M.A.(MD) No.1512 of 2024
For appellant : Mr.S.Michel Heldon Kumar
For Respondents
for R1 & R2 : Mr.N.Sudhagar Nagaraj
for R3 : Mr.M.P.Senthil
*****
J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the
respondent/Tamil Nadu State Transport Corporation Limited
against the award dated 30.05.2023 made in M.C.O.P.No.8 of
2021, by the Motor Accidents Claims Tribunal/Chief Judicial
Magistrate Court, Kanyakumari at Nagercoil on the liability issue.
2. The case as set out in the claim petition is stated in brief:
On 15.11.2020, at about 7.20 p.m., while the first petitioner
was riding his motor cycle bearing Registration No.TN-74-AE-3686,
along with his son, deceased Ragul, as pillion from west to east
direction along Tiruvananthapuram-Nagercoil main road,
proceeding towards Thuckalay, when the vehicle crossed the
Kattathurai Junction, a bus bearing registration No.TN-74-N-1741,
which belongs to the second respondent and was driven by the first
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C.M.A.(MD) No.1512 of 2024
respondent, came in a rash and negligent manner without blowing
horn and hit upon the first petitioner’s vehicle from behind. In order
to avoid collision with another oncoming bus, he suddenly swerved
the vehicle to the left and dashed upon the vehicle of the first
respondent. Due to the said impact, both the rider and the pillion of
the two wheeler were thrown away and the pillion dashed on the
left side of the body of the bus and succumbed to injuries. As the
first petitioner was engaged in admitting his son in the hospital and
subsequent death of his son, the first respondent gave a false
information and registered First Information Report against the first
petitioner. On 05.12.2020, the first petitioner sent a complaint to the
Superintendent of Police. On account of the accident, the first
petitioner lost his lovable son. The accident occurred due to the
negligent driving of the first respondent. The first respondent, who
is the driver of the bus and the second respondent, who is the
owner of the bus are liable to pay compensation for the death of his
son Ragul.
3. Details of the counter of the first respondent are stated in
brief:
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C.M.A.(MD) No.1512 of 2024
The claimants are put to strict proof as to how the accident
happened. In fact, the first respondent was driving the bus bearing
Registration No.TN-74-N-1741 with due care and caution by
observing traffic rules. It was only the rider of the motor cycle lost
his control and the rider as well as the pillion voluntarily fell down
on the road, the accident happened.
4. The same details are found in the counter of the second
respondent also.
5. At trial, on the petitioners’ side, two witnesses were
examined and 11 documents were marked. On the side of the
respondents, the first respondent examined himself as R.W.1 and
no document was marked.
6. Upon consideration, the Tribunal, after appreciating the
evidence of P.W.1 and R.W.1, concluded that because of the rash
and negligent driving of the first respondent, the accident happened
and fastened the liability on the second respondent to pay
compensation to the claimants.
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C.M.A.(MD) No.1512 of 2024
7. It is the evidence of P.W.1, who rode the two wheeler and
who lost his son in the accident that on 15.11.2020, at about 7.20
p.m., while he was riding his motor cycle bearing Registration
No.TN-74-AE-3686 along with his son, deceased Ragul, as pillion,
from west to east direction along Tiruvananthapuram-Nagercoil
main road proceeding towards Thuckalay, when the vehicle
crossed the Kattathurai Junction, a bus bearing registration
No.TN-74-N-1741, which belongs to the second respondent and
was driven by the first respondent, came in a rash and negligent
manner without blowing horn and hit upon his vehicle from behind.
In order to avoid collision with another on coming bus, suddenly
swerved the vehicle to the left and dashed upon the bus. Due to the
said impact, both the rider and the pillion of the two wheeler were
thrown away and the pillion dashed on the left side of the body of
the bus and succumbed to injuries. As he was engaged in admitting
his son in the hospital and subsequent death of his son, the driver
of the bus gave a false information and registered First Information
Report against him. On 05.12.2020, he sent a complaint to the
Superintendent of Police. On account of the accident, he lost his
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C.M.A.(MD) No.1512 of 2024
lovable son. The accident occurred due to the negligent driving of
the first respondent. Hence, the first respondent, who is the driver
of the bus and the second respondent, who is the owner of the bus,
are liable to pay compensation for the death of his son Ragul.
8. Per contra, the first respondent, who is the driver of the
corporation bus/R.W.1 would state that the first petitioner lost his
balance and control over the two-wheeler and eventually both of
them fell down and thereby, the accident occurred. R.W.1 would
admit that when they fell down on the road on the right side, it
means that the bus hit on them, they have fallen down.
9. Whereas, the version of P.W.1 is that when he was
proceeding along the said road, the first respondent by overtaking
the first petitioner’s vehicle, swerved his vehicle to the left side and
hit on the vehicle of the petitioner. Because of that, as narrated by
R.W.1, they had fallen down and accident happened. Therefore, an
inevitable conclusion is that because of the rash and negligent
driving of the bus, the accident happened and the respondents are
liable to pay compensation. The Tribunal has found that due to the
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C.M.A.(MD) No.1512 of 2024
rash and negligent driving of the bus driver, the accident occurred.
Therefore, this Court does not find any perversity or infirmity in the
said finding of the Tribunal.
10. In the result,
(i) The Civil Miscellaneous Appeal stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(ii) The compensation of Rs.7,40,000/- awarded by the
Tribunal is confirmed.
(iii) The Transport Corporation/appellant is directed to deposit
the compensation amount i.e., Rs.7,40,000/- (less the amount
already deposited if any) together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of deposit and
costs to the credit of M.C.O.P.No.8 of 2021 on the file of Motor
Accidents Claims Tribunal / Chief Judicial Magistrate, Kanyakumari
at Nagercoil within a period of eight weeks from the date of receipt
of a copy of this Judgment.
(iv) On such deposit being made, the claimants/respondents
1 and 2 are permitted to withdraw the amount along with interest
and costs, as apportioned by the Tribunal, after adjusting the
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C.M.A.(MD) No.1512 of 2024
amount, if any already withdrawn, by filing necessary application
before the Tribunal.
31.12.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
apd
To
1.The Motor Accidents Claims Tribunal/Chief Judicial Magistrate,
Kanyakumari at Nagercoil.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
R.KALAIMATHI,J
apd
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C.M.A.(MD) No.1512 of 2024
Pre-delivery order made in
C.M.A.(MD) No.1512 of 2024
31.12.2024
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