The Managing Director, v. Petchi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.4817 of 2024 The Managing Director, Tamil Nadu State Transport Corporation Limited, Office at Number 2, Trivandrum Road, Vannarpettai, Tirunelveli.

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Appellant Vs.

1. Petchi

2. Sivanraj

3. Arumugam

4. Madasamy

5. The Managing Director, Tamil Nadu State Transport Corporation Limited, Office at Ranithottam, Nesamony Nagar, Nagarcoil.

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Respondents 1/4

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the order of the Motor Accident Claims Tribunal cum Special Sub Court, Tirunelveli made in M.C.O.P No.415 of 2022 dated 02.12.2023 and allow the appeal.

For Appellant : M/s.S.Micheal Heldon Kumar JUDGEMENT The Claimant has filed this Appeal to set aside the order of the Motor Accident Claims Tribunal cum Special Sub Court, Tirunelveli made in M.C.O.P No.415 of 2022 dated 02.12.2023 and allow the appeal.

2. It is a case of fatal. In the present accident the wife died, against which MCOP No.415 of 2022 had been filed. The husband had sustained injury, against which MCOP No.419 of 2022 had been filed.

3. The appellant Transport Corporation had filed the present appeal on the issue of negligence. It is seen that the appellant had preferred against the case of fatal but had not preferred any appeal against the case of injury. Therefore, this Court is of the 2/4

considered opinion that when the negligence is challenged in this Appeal, the Transport Corporation is bound to file an appeal in the injury case also. Therefore, this Court is not inclined to entertain this Appeal.

4. Accordingly, this Civil Miscellaneous Appeal stands dismissed. The award passed in M.C.O.P No.415 of 2022, dated 02.12.2023 on the file of the Motor Accident Claims Tribunal cum Special Sub Court, Tirunelveli, is hereby confirmed. No Costs. Consequently, connected miscellaneous petition is closed. 28.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA To

1. The Motor Accident Claims Tribunal/ Special Sub Court, Tirunelveli.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA Order made in 28.03.2024 4/4