Madras High CourtCMA(MD)/874/2021dismissed

The Managing Director, v. B.Dhanalakshmi

2024-02-13Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.874 of 2021 and C.M.P(MD)No. 8217 of 2021 The Managing Director, Tamil Nadu State Transport Corporation, Bye Pass Road, Madurai.

... Appellant Vs.

1. B.Dhanalakshmi

2. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Tirunelveli.

... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the Judgment and Decree, dated 26.02.2020 passed in M.CO.P.No.41 of 2017 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court),Thoothukudi. For Appellant : M/s.K.Sudalaiyandi For R-1 : Mr.T.Selvakumaran For R-2 : Mr.R.Rajamohan, Standing Counsel 1/4

JUDGEMENT The Transport Corporation has preferred this appeal to set aside the Judgment and Decree, dated 26.02.2020 passed in M.C.O.P.No.41 of 2017 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court),Thoothukudi.

2. The nature of accident is that the buses belonging to the Transport Corporation, Madurai Division and Transport Corporation, Tirunelveli Division were involved in the accident and it is head on collision and considering the evidence produced, the Tribunal has fixed 50% contributory negligence for both Transport Corporation. In the aforesaid accident, the claimant Dhanalaksmi, who was injured, but she did not appeare before the Medical Board for fixing her percentage of the disability. But considering the evidence the Tribunal had passed an award of compensation.

3. The contention of the Appellant/Transport Corporation is that the First Information Report was filed against the bus driver of the Tirunelveli Corporation and the appellant is not having any negligence in the said accident. This Court is not inclined to accept the said contention, since it is head on collision.

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4. Accordingly, this Civil Miscellaneous Appeal stands dismissed. No Costs. Consequently, connected miscellaneous petition is also closed. 13.02.2024 NCC : Yes / No [1/2] Index : Yes / No Internet :

Yes / No KSA To

1. The Motor Accident Claims Tribunal Chief Judicial Magistrate Court, Thoothukudi.

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

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S.SRIMATHY, J.

KSA Judgment made in C.M.A(MD)No.874 of 2021 [1/2] 13.02.2024 4/4