BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19/01/2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
C.M.A.(MD)No.822 of 2009
and
M.P.(MD)No. 2 of 2009
Tamil Nadu State Transport Corporation
Limited(Madurai Division No.I),
represented through its Managing Director,
Madurai. ... Appellant/ Respondent
vs
1. Kartheeswari
2. Minor Shanmuga Priya
3. Minor solaimoney
4. Tmt.Shanmugathai ... Respondents 1-4/
Petitioners 1-4
5. M.Ramasamy
6. The Branch Manager,
United India Insurance Company Limited,
Virudhunagar.
7. The Branch Manager,
United India Insurance Company Limited,
Kovilpatti ... Respondent 5-7/
Respondents 2-7
PRAYER
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles
Act, 1988 against the judgment and decree dated 01.08.2007 made in M.C.O.P.No.50
of 2004, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge,
Sivakasi.
!For appellant ... Mr.S.Royce Emmanuel
^For respondents ... Mr.M.Micheal Bharathi
for R.1 to R.4
For R.6 and R.7 ... Mr.A.S.Mathialagan
* * *
:JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Transport
Corporation challenging the award dated 01.08.2007 made in M.C.O.P.No.50 of
2004, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge,
Sivakasi.
2. The only contention raised by the learned Counsel for the appellant is
that the finding of the Tribunal with regard to the negligence on the part of
the driver of the bus is erroneous and that the negligence is attributable to
the driver of the Tractor Trailor which is also involved in the accident.
3. In the appeal, the learned Counsel for the appellant pleaded that the
evidence of the conductor is that the driver of the tractor trailor also came
in a rash and negligent manner and contributed to the accident and that the
evidence of the conductor was rejected by the Tribunal.
4. In the light of the following document, viz., F.I.R. which has been
lodged on 06.07.1995, wherein, it has been clearly stated that the Transport
Corporation bus has turned from South to North and hit the tractor trailor and
thereafter, hit the two wheeler, in which the deceased travelled, there can be
no doubt that accident was caused by the driver of the Transport Corporation
Bus. Therefore, the lower Court finding that the Transport Corporation Bus was
driven in a rash and negligent manner, resulting in the death of the deceased is
correct. Appellant have not produced any record viz., the Motor Vehicle
Inspectors report or the sketch to prove contributory negligence on the part of
the driver of the tractor trailor. In view of the documents F.I.R., charge-
sheet clearly pointing out the guilt as against the driver of the Transport
Corporation bus, this Court is unable to accept any other view, contrary to the
findings of the Tribunal. This Court finds no merits in appellant plea.
5. Hence, this Civil Miscellaneous Appeal is dismissed. Consequently, the
connected Miscellaneous Petition is dismissed. No costs.
ssl To The Motor Accidents Claims Tribunal, The Subordinate Judge, Sivakasi.