The National Insurance Company v. Mann W/O. Annadurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR C.R.P(NPD).No. 1299 of 2008 and M.P.No. 1 of 2008 M/s. National Insurance Co. Ltd., 33, Promenade road, Trichy.

...Petitioner

vs.

1.Mann 2.The Managing Director, Tamil Nadu State Transport Co. Ltd., Trichy.

3.A.Ramasami ...Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the Judgment and decree dated 24.07.2002 made in MCOP.No. 430 of 2000 on the file of the Motor Accidents Claims Tribunal (Principal District Judge) at Perambalur. For Petitioner : Mrs.R.Sreevidhya For Respondents : No appearance for R1 and R2 R3 - Exparte

ORDER

This Civil Revision Petition has been filed as against the order the Trial Court awarding compensation of Rs.5,000/- together with interest at the rate of 9% per annum for the simple injury sustained by

the first respondent.

2. The only ground raised in the present revision petition is that the Trial Court has wrongly fixed the negligence on the part of the driver of the tractor, whereas, in other petitions, the Trial Court has held that the accident was due to the negligence on the part of the driver of the bus.

3. When the Trial Court has actually considered all the aspects and fixed the negligence on the part of the driver of the tractor, I am of the view that, the factual aspects cannot be assailed in this revision petition.

4. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 19.03.2019 Index : Yes / No Speaking/Non-speaking order mbi/vkr To

1.The Managing Director, Tamil Nadu State Transport Co. Ltd., Trichy.

2.The Motor Accidents Claims Tribunal, Principal District Judge, Perambalur.

N.SATHISHKUMAR, J.

mbi/vkr C.R.P(NPD).No. 1299 of 2008 and M.P.No. 1 of 2008 19.03.2019