The Managing Director v. Dhanalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2026
CORAM
THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI CMA No.3794 of 2025 and C.M.P.No.31658 of 2025 The Managing Director Tamil Nadu State Transport Corporation Ltd., No.37, Mettupalayam Road, Coimbatore-641 043 ..Appellant .vs.
1.Dhanalakshmi 2.V.Subramani ..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the decree and judgment dated 02.12.2024 passed in M.C.O.P.No.74 of 2019 on the file of the Motor Accident Claims Tribunal (Subordinate Judges Court) Sathyamangalam.
For Appellant : Mr. M.Murali Vinodh
JUDGMENT
This appeal has been filed against the decree and judgment passed in M.C.O.P.No.74 of 2019 on the file of the Motor Accidents Claims Tribunal (Subordinate Judges Court) Sathyamangalam, dated 02.12.2024. 1/5
2.Briefly stated, the alleged accident took place on 08.01.2019, when bus No.TN 33 N 3033 dashed against a Moped bearing Registration No.TN 36 AB 6715. The bus belonging to Tamil Nadu Transport Corporation was driven by its driver in a rash and negligent manner and caused the accident in which, the claimant who was the pillion rider sustained serious head injury and injuries on her left leg. The opposition to the claim is that the alleged accident took place due to the negligence of the rider of the Moped. That apart, other facts have been disputed. The claims Tribunal holds that, bus was being driven rashly and negligently and caused the accident, is proved. Accordingly, the claim has been allowed and a sum of Rs.14,35,690/- was awarded as compensation.
3. Through this appeal, findings of the claims Tribunal have been challenged. Substance of evidence clearly points out that the alleged accident was caused due to the rash and negligent act of the driver of the bus. The learned claims Tribunal applying the principles laid down in Bimla Devi and others Vs. Himachal Road Transport Corporation and others reported in (2009) 13 SC 530 and appreciating the evidence of P.W.1 (claimant) and P.W.2 (eyewitness and rider of the Moped) and Exs.P.1 to P.20 rightly concluded that the driver of the bus caused the accident. There is nothing on record to discard the above oral and documentary evidences. No rebuttable evidence on the side of the respondent. The Tribunal has analyzed and appreciated the evidence in 2/5
correct perspectives. Hence, the above findings of the Tribunal is confirmed. 4.Having come to the aforesaid conclusion, the next question to be answered is about the compensation awarded to the claimant. The claimant has suffered 60% permanent disability as evidenced by Ex.C.1 disability certificate. The claimant was 48 years at the time of the accident. Considering the age and the nature of injury suffered by the claimant and other facts such as year of accident, avocation, the claims Tribunal has awarded a sum of Rs.14,35,690/- as compensation and the same found to be just and reasonable, which warrants any interference by this Court.
5.In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05.01.2026 Index : Yes Speaking Order : Yes vsn To 1.The Subordinate Judge, Motor Accident Claims Tribunal, 3/5
Sathyamangalam.
2.The Section Officer, V.R.Section, High Court, Madras.
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K.GOVINDARAJAN THILAKAVADI., J vsn CMA No.3794 of 2025 and C.M.P.No.31658 of 2025 05.01.2026 5/5