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The Managing Director, Tamil Nadu State Express Transport v/s The Superintendent of Police

Company & Directors' Information:- STATE EXPRESS TRANSPORT CORPORATION TAMIL NADU LIMITED [Active] CIN = U63040TN1980SGC008080

Company & Directors' Information:- TAMIL NADU POLICE TRANSPORT CORPORATION LIMITED [Active] CIN = U63000TN2015SGC103221

Company & Directors' Information:- A T EXPRESS INDIA LIMITED [Strike Off] CIN = U93030DL2009PLC193660

Company & Directors' Information:- N R EXPRESS PRIVATE LIMITED [Active] CIN = U63040WB1999PTC089271

Company & Directors' Information:- P J EXPRESS PRIVATE LIMITED [Strike Off] CIN = U63040WB1995PTC075515

Company & Directors' Information:- G M S EXPRESS PRIVATE LIMITED [Active] CIN = U64120KA2006PTC040159

Company & Directors' Information:- U C EXPRESS PRIVATE LIMITED [Strike Off] CIN = U64120MH2004PTC148038

Company & Directors' Information:- R R EXPRESS PRIVATE LIMITED [Active] CIN = U97000DL2014PTC267284

Company & Directors' Information:- S F EXPRESS PRIVATE LIMITED [Active] CIN = U64120DL2015PTC279322

Company & Directors' Information:- J. K. EXPRESS PRIVATE LIMITED [Strike Off] CIN = U63090GJ2012PTC070288

Company & Directors' Information:- D K G EXPRESS PRIVATE LIMITED [Strike Off] CIN = U15499UP1982PTC005721

Company & Directors' Information:- P AND G EXPRESS PRIVATE LIMITED [Strike Off] CIN = U64120MH2003PTC139461

    C.M.A (MD)No. 1533 of 2008 & M.P(MD)No. 4 of 2008

    Decided On, 05 July 2016

    At, Before the Madurai Bench of Madras High Court


    For the Appellant: M. Prakash, Advocate. For the Respondent: R. Anandaraj, Advocate.

Judgment Text

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Decree and Judgment dated 24.07.2006 and made in M.C.O.P.No.1814 of 2000, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.II, Tiruchirappalli.)

1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Tiruchirappalli made in M.C.O.P.No.1814 of 2000 dated 24.07.2006.

2. The respondent, Superintendent of Police, Trichy filed MCOP No.1814 of 2000 before the Motor Accident Claims Tribunal, Additional District Judge, (Fast Track Court No.II), Trichy, claiming compensation of Rs.4,54,194/-, on the ground that the Van bearing Registration No. TN-45-G-0458 belonging to the respondent department was proceeding from Thuvarangurichi to Trichy and when the Van was nearing Gurunthakaalapatti village, Vaduthaakulakkarai, a bus bearing Registration No.TN-01-6425 belonging to the appellant Transport Corporation, which was coming in the opposite direction in a rash and negligent manner, dashed against the van. As a result of which, the driver of the van lost control of the vehicle dashed against a tamarind tree and it later capsized.

3. The appellant Transport Corporation filed their counter disputing the manner of the accident and liability.

4. Before the Tribunal, the claimant examined two witnesses and marked 9 documents. On the side of the appellant Transport Corporation, R.W.1, Driver of the bus, was examined, however, they have not produced any documents.

5. The Tribunal, upon consideration of oral and documentary evidence, held that the claimant is entitled for damage expenses to the tune of Rs.50,000/- and awarded compensation along with interest at 7.5% per annum. Questioning the award, the present appeal is filed.

6. Heard both sides and perused the records.

7. Mr.Kodiselvan, Inspector of Police, and one Mr.Swaminathan, Driver of the Van, have given evidence as P.W.1 and P.W.2 and they have deposed the manner of the accident as narrated in the claim petition. Ex.P.6 is First Information Report. P.W.2 Driver of the van filed MCOP No.33 of 2001 claiming compensation for the injuries sustained in the accident. Exs.P.8 and P.9 are the copy of the Judgment and Decree made in MCOP No.33 of 2001. R.W.1, Driver of the bus did not prefer any complaint with regard to the accident and a case was registered against him based on a complaint given by P.W.2.

8. The Tribunal, based on the evidence, held that the driver of the bus was responsible for the accident. Ex.P.1 is the report of the Motor Vehicle's Inspector. Ex.P.2 is the quotation. Ex.P.3, a letter written by Silpa Automech Limited. Ex.P.4 is the letter of the Superintendent of Police. The Tribunal, based on the evidence, awarded compensation of Rs.50,000/- along with interest at 7.5% per annum.

9. In my considered view, the award passed by the Tribunal is fair and reasonable. Therefore, it is confirmed.

10. In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellant-Transpor

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t Corporation is directed to deposit the compensation amount awarded by the Tribunal with interest at 7.5% p.a. from the date of petition, less the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the same on making proper application.