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Kapildev v/s The Managing Director, Tamil Nadu State Transport Corporation, Villupuram


Company & Directors' Information:- TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED [Active] CIN = U60220TN1975SGC006829

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    C.M.A. No. 1713 of 2019

    Decided On, 08 January 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MS. JUSTICE V.M. VELUMANI

    For the Appellant: A. Sathish Kumar for M/s. C. Thangaraju, Advocates. For the Respondent: K.J. Sivakumar, Advocate.



Judgment Text

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 04.01.2019, made in M.C.O.P. No.198 of 2011, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee.)The matter is heard through “Video Conferencing”.1. This appeal has been filed against the dismissal of claim petition by the award dated 04.01.2019, made in M.C.O.P. No.198 of 2011, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee.2. The appellant filed M.C.O.P. No.198 of 2011, on the file of the Sub Court, (Motor Accident Claims Tribunal) Gingee, claiming a sum of Rs.6,00,000/- as compensation for the injuries sustained by him in the accident that took place on 09.10.2011.3. According to the appellant, on the date of accident, when he was traveling as a pillion rider in a Motorcycle from Raja fort towards Gingee, the driver of the Bus bearing Registration No.TN-25-N-0054 belonging to the respondent-Transport Corporation which was coming from Gingee to Tiruvannamalai, drove the same in a rash and negligent manner and dashed against the appellant and caused the accident. In the accident the appellant suffered multiple and grievous injuries. The accident occurred only due to rash and negligent driving by the driver of the Bus. For the injuries suffered by him, he has filed the claim petition, claiming compensation against the respondent as owner of the offending Bus.4. The respondent -Transport Corporation filed counter statement and denied all the averments made by the appellant. According to the respondent, while the Bus was proceeding from Chennai to Tiruvannamalai, near Gingee Raja Fort, rider of the Motorcycle in which the appellant traveled as a pillion rider, rode the vehicle in a drunken mode without wearing helmet and dashed against the Bus and caused the accident. The Police after investigation, finding that accident occurred due to negligence of both the vehicles, permitted to ply the Bus in its route. The appellant has to prove that rider of the Motorcycle possessed valid driving license at the time of accident. In any event, the appellant has to prove his age, income and avocation, injuries sustained in the accident, treatment taken for the same, to claim compensation. The total compensation claimed by the appellant is excessive and prayed for dismissal of the claim petition.5. Before the Tribunal, the appellant examined himself as P.W.1, Dr.Balamurugan was examined as P.W.2 and 8 documents were marked as Exs.P1 to P8. The respondent examined the driver of the Bus as R.W.1 and marked 1 document as Ex.R1.6. The Tribunal considering the pleadings, oral and documentary evidence, dismissed the claim petition on the ground that the accident did not occur due to negligence of the driver of the Bus belonging to the respondent-Transport Corporation.7. Challenging the dismissal of claim petition by the award dated 04.01.2019, made in M.C.O.P. No.198 of 2011, the appellant has come out with the present appeal.8. The learned counsel appearing for the appellant contended that the Tribunal erred in relying on the evidence of R.W.1/the driver of the Bus and holding that appellant failed to prove that accident occurred only due to rash and negligent driving by driver of the Bus. The Tribunal simply extracted the examination of appellant in his cross examination and concluded that driver of the Bus was not at fault. The driver of the Bus has stated that Two Wheeler dashed in the side of the Bus in between two doors and he stopped the vehicle after hearing the sound. Had the driver driven the vehicle diligently upon seeing the appellant and another coming in the Two Wheeler from side road, he would have stopped the vehicle well in advance and avoided the accident. The appellant was only a pillion rider. Two vehicles were involved in the accident. The appellant can choose to claim compensation against any one of the tort-feasor and prayed for allowing the appeal.9. Per contra, Mr.K.J. Sivakumar, learned counsel appearing for the respondent-Transport Corporation contended that the appellant in his cross examination, admitted that Two Wheeler coming from side road to the highways dashed on the side of the Bus in between two doors of the Bus. From this admission and place of impact, it is clear that accident has occurred only due to rash and negligent riding by rider of the Two Wheeler. The Tribunal has considered all the materials on record in proper perspective and dismissed the claim petition. There is no error in the said award of the Tribunal and prayed for dismissal of the appeal.10. Heard learned counsel appearing for the appellant as well as the respondent-Transport Corporation and perused the materials available on record.11. It is the case of the appellant that while he was traveling as a pillion rider in the Motorcycle, driver of the Bus drove the same in a rash and negligent manner and dashed against the Motorcycle and caused the accident. In support of his case, he examined himself as P.W.1 and marked FIR as Ex.P1. On the other hand, it is the case of the respondent that rider of the Motorcycle came from side road to the highways in a rash and negligent manner without noticing the on coming traffic in highways, dashed on the side of the Bus in between two doors and caused the accident. To substantiate their case, the driver of the Bus was examined as R.W.1. The appellant as P.W.1, has admitted in the cross examination that accident has occurred when the Motorcycle in which he was traveling as pillion rider, coming from side road dashed on the middle of the Bus in between two doors of the Bus. From this admission, as well as from the evidence of R.W.1/ driver of the Bus that when the Motorcycle entering into the highways, without seeing traffic in the highways, dashed on the side o

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f the Bus coming in the highways in between two doors. The contention of the learned counsel appearing for the appellant that driver of the Bus ought to have seen the side road and stopped the bus for the vehicle coming from the side road is without merits. Only the person coming from the side lane and entering into the main road must be careful and see the traffic in the main road or highways, before entering. The Tribunal considering all the materials in proper perspective, dismissed the claim petition. There is no error in the finding of the Tribunal warranting interference by this Court.12. In the result, the appeal is dismissed. No costs.
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