BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 6/1/2010 Coram The Hon'ble Mr. Justice R.SUDHAKAR Civil Miscellaneous Appeal (MD)No.1424 of 2009 and M.P.(MD)No.1 of 2009 Manager, National Insurance Company Ltd., Guindy, Chennai. ... Appellant/2nd Respondent vs. 1.Gomathi, 2.Rajamanickam, 3.Managing Director, Tamil Nadu State Transport Corporation, Division-2 Ltd., Periyamilaguparai, Trichy. ... Respondents/Petitioner and respondents 1 and 3 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 17.2.2006 passed in M.C.O.P.No.742 of 2003 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Karur. !For appellant ... Mr.A.K.Baskarapandiyan ^For respondent... Mr.M.Prakash for R3 ----- :JUDGMENT
The National Insurance Company, is on appeal challenging the award dated
17.2.2006 passed in M.C.O.P.No.742 of 2003 on the file of the Motor Accidents
Claims Tribunal (Chief Judicial Magistrate), Karur.
2. Thiru M.Prakash, learned counsel takes notice on behalf of the third
respondent transport corporation. Notice to respondents 2 and 3 is dispensed
with in view of the order that is to be passed in this appeal today.
3. It is a case of injury. The brief facts of the case are as
follows:- The accident in this case happened on 24.3.2003. The transport
corporation bus carrying passengers was proceeding on the Trichy-Karur Main
Road. When it was nearing Veerarakkiyam Railway Station Bus stop, a mini lorry
bearing Registration No.TN33-X-6070 coming from the opposite direction hit the
transport corporation bus. In that accident, several passengers including the
driver of the transport corporation bus suffered injuries. Several claims for
compensation were filed by the passengers of the transport corporation bus,
consequent to the accident. The Tribunal passed awards in few of the cases.
One such case is on appeal by the insurance company in C.M.A.No.1514 of 2007.
In that case notice has been ordered. The present appeal in a connected award
comes up for admission. Counsel for the appellant relied upon the common
typeset filed in C.M.A.No.1514 of 2007.
4. Primary ground on which present appeal is canvassed by the appellant
is that it is the case of head-on-collision between the transport corporation
bus and the mini lorry. He contended that the Tribunal erred in holding that
the negligence was solely on the part of the driver of the mini lorry insured
with the appellant. He submitted that it is the case of composite negligence.
Therefore, the negligence should have been apportioned equally on both the
drivers and consequential liability. Learned counsel for the appellant
brought to the attention of the Court the findings of the Tribunal on this issue
as set out in paragraph 8 of the award decided as issue No.1.
5. The driver of the transport corporation bus clearly stated in his
evidence that while he was proceeding in the Trichy-Karur main road, a mini
lorry driven in a rash and negligent manner came and hit the bus and caused the
damage resulting in injuries to the passengers. The insurance company which
contested the matter did not let in any evidence to prove the contra. On the
other hand, the claimants relied upon Exs.A-1 to A-9. Ex.A-1 is the F.I.R. The
Tribunal also relied upon Exs.R-1 and R-2 which are the photographs relating to
the damage caused to the transport corporation bus. Four witnesses were
examined on behalf of the claimants. In view of the overwhelming oral and
documentary evidence in support of the claim and since the evidence is
uncontraverted, the finding of the Tribunal is justified. This Court finds no
good reason to interfere with the same. No other issue was canvassed on merits.
6. In the result, the Civil Miscellaneous Appeal is dismissed at the
admission stage. No order as to costs. Consequently, connected miscellaneous
petition is also dismissed.
ts
To
The Chief Judicial Magistrate,
(Motor Accidents Claims Tribunal),
Karur.