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The Managing Director, Tamil Nadu State Transport Corporation Limited, Pudukkottai v/s Murugan


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(MD) No. 1513 of 2008 & M.P(MD) No. 2 of 2008

    Decided On, 23 November 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM

    For the Appellant: P. Thilak Kumar, Advocate. For the Respondent: T. Senthilkumar, Advocate.



Judgment Text

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award made in M.C.O.P.No.2222 of 2000, dated 20.3.2007, on the file of the Motor Accident Claims Tribunal, Ist Additional District Judge(PCR), Trichy.)1. This Civil Miscellaneous Appeal is preferred by the Tamil Nadu State Transport Corporation Limited aggrieved over the judgment and award passed by the Motor Accident Claims Tribunal/First Additional District Judge,(PCR), Tiruchirappalli made in M.C.O.P.No.2222 of 2000, dated 20.3.2007, wherein, the Tribunal has awarded a sum of Rs.1,98,240/- against the total claim of Rs.3 lakhs.2. The case of the claimant is that on 13.7.2000 at 6.30 p.m., he was proceeding in a bicycle from south to north direction to his house and when he was near Avoor Branch Road, the bus bearing Registration NO. TN 45 N 0785 came in a rash and negligent manner and dashed against the claimant and thereby he sustained injuries. However, the appellant/Transport Corporation contended before the Tribunal that the claimant, who was riding his bicycle without noticing the bus, took a left turn and dashed against the bus. Since the injured himself has caused the accident, the Transport Corporation is not liable to pay the compensation.3. After considering the evidence, the Tribunal held that both the claimant and the driver of the Transport Corporation bus were responsible for the accident and fixed the liability at the ratio of 30:70. Challenging the said award, the present appeal has been filed.4. Heard Mr.P.Thilak Kumar, learned counsel appearing for the appellant and Mr.T.Senthil Kumar learned counsel for the respondent and perused the materials available on record.5. The learned counsel appearing for the appellant would argue that the Tribunal has failed to note that the driver of the transport Corporation bus was driving his vehicle very slowly and carefully at the time of accident, but the Tribunal erred in fixing the liability at 70% on the driver of the transport Corporation bus. It is also stated that the evidence of R.W.1 was not properly appreciated by the Tribunal. That apart, the award is excessive6. The learned counsel appearing for the respondent made submissions in support of the finding of the Tribunal.7. In the matter on hand, it is seen that P.W.1 has sustained injury in the accident that took place on 13.7.2000. Accepting the testimony of P.W.1 and on the basis of Ex.P1-copy of the First Information Report, Ex.P2- charge sheet filed against the driver of the Transport Corporation and also the evidence of R.W.1, the tribunal came to the conclusion that the driver of the transport Corporation bus as well as the claimant were negligent enough and fixed the negligence at the ratio of 70:30 respectively. In view of the fact that the finding has been arrived at on proper appreciation of evidence, this Court is unable to accept the contention of the learned counsel for the appellant.8. The claimant has stated that he sustained injuries on his left shoulder, left wrist and also on his right hand elbow. According to the learned counsel, he took treatment as inpatient from 13.7.2000 to 18.7.2000 in Government Hospital at Trichy and thereafter, for about three months, he was taking treatment at Mount Tabour Mission Hospital. His evidence further shows that he was 23 years old at the time of accident and he is a Welder by profession.9. P.W.2-Dr.G.Rajenderan , after examining the claimant found that he sustained 48% permanent disability. Ex.P3-Wound Certificate, Ex.P:4- Discharge summary, Ex.P5-Medical Bills, Ex.P6-X-Ray and Ex.,P7- Disability Certificate were produced on the side of the claimant to substantiate his case.10. Taking note of the injury sustained by the claimant and the disability suffered by him at the young age, the Tribunal fixed the income of the claimant at 1300/-p.m., and after deducting 1/3 for his personal expenses held that he was contributing Rs.15,000/- per annum to his family and by applying multiplier '17', arrived at a sum of Rs.2,65,2000/- as loss of income. In addition, Rs.5,000/- towards pain and sufferings and Rs.13,000/- towards medical expenses is awarded. In total, the Tribunal has assessed the quantum at Rs.2,83,200/- and 30% deduction was made f

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or his contributory negligence. The claimant is held entitled to Rs.1,98,240/- along with interest at the rate of 7.5% p.a. After going through the records, this Court is of the opinion that the findings of the Tribunal on negligence as well as the quantum warrant no interference of this Court and it appears to be a fair and reasonable award.11. In fine, the Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.
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