w w w . L a w y e r S e r v i c e s . i n



The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri v/s Rani & Others


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

Company & Directors' Information:- K SALEM LIMITED [Dissolved] CIN = U99999MH1947PTC005530

    C.M.A. No. 1 of 2021 & C.M.P. No. 16 of 2021

    Decided On, 11 January 2021

    At, High Court of Judicature at Madras

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

    For the Appellant: P. Rajathi, D. Raghu, Advocates. For the Respondents: ---------



Judgment Text

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri.)1. The matter is heard through “Video Conferencing”.2. This Civil Miscellaneous Appeal has been filed against the award dated 12.03.2020 made in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri.3. The appellant is the respondent in M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri. The respondents filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation for the death of one Duraisamy, who died in the accident that took place on 10.05.2018.4. According to respondents, on 10.05.2018 at about 04.00 P.M., while the deceased was riding his TVS Wego motorcycle bearing Registartion No.TN 29 BD 3161 on Dharmapuri - Salem Nethaji Bye Pass Road towards Dharmapuri Collectorate near State Bank of India, Dharmapuri, the driver of the bus belonging to appellant, drove the bus in a rash and negligent manner and dashed behind the motorcycle rode by the deceased and caused the accident. In the accident, the front tyre of the bus ran over the deceased and the said Duraisamy sustained multiple grievous injuries all over his body. Immediately after the accident, the said Duraisamy was taken to Government Hospital, Dharmapuri. The Doctors examined the said Duraisamy and declared that he was already dead. Therefore, the respondents filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation against the appellant-Transport Corporation.5. The appellant-Transport Corporation filed counter statement and denied all the averments made by the respondents. According to the appellant, the driver of the bus drove the same very slowly, carefully, without any negligence and rashness. The deceased only rode his motorcycle without observing the traffic rules and overtook the bus belonging to appellant very closely to the centre median divider and on seeing the unknown two wheeler which was coming from the opposite direction, the deceased turned his two wheeler suddenly to his left side and applied sudden brake to avoid the accident. But his motorcycle got twisted and the said Duraisamy fell down in front of the right wheel of the bus. The driver of the bus on seeing the motorcyclist coming from the opposite direction wrongly in front of the deceased, applied sudden brake and turned the bus to the extreme left side of the road. Eventhough the driver of the bus belonging to appellant drove the bus carefully by observing the traffic rules by sounding horn, the said Duraisamy fell down on the front right wheel of the bus and invited the accident. Therefore, the accident has occurred only due to negligence on the part of the deceased and also he was not wearing helmet at the time of accident. Hence, the appellant is not liable to pay any compensation to the respondents. The respondents have to prove the age, avocation and income of the deceased by producing valid documents. In any event, the quantum of compensation claimed by the respondents is highly excessive and prayed for dismissal of the claim petition.6. Before the Tribunal, the 1st respondent examined herself as P.W.1 and one Singaravelan, eyewitness to the accident was examined as P.W.2 and 15 documents were marked as Exs.P1 to P15. On behalf of the appellant, one Saravanakumar, driver of the bus belonging to appellant-Transport Corporation was examined as R.W.1 and no documentary documentary evidence was let in.7. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the bus belonging to appellant-Transport Corporation and directed the appellant to pay a sum of Rs.13,92,000/- as compensation to the respondents.8. Against the said award dated 12.03.2020 made in M.C.O.P.No.671 of 2018, the appellant-Transport Corporation has come out with the present appeal.9. The learned counsel appearing for the appellant contended that the deceased only rode the motorcycle without observing the traffic rules, overtook the bus belonging to appellant-Transport Corporation very closely to the centre median and on seeing an unknown motorcycle coming from the opposite direction, the deceased turned his motorcycle to left side, applied brakes to avoid the accident. But, the motorcycle rode by the deceased got twisted, fell down in front of the right wheel of the bus and invited the accident. The accident has occurred only due to negligence on the part of the deceased and hence, the appellant is not liable to pay any compensation. The monthly income of the deceased fixed by the Tribunal at Rs.15,000/- is without merits and the total compensation awarded by the Tribunal under different heads are excessive and prayed for setting aside the award passed by the Tribunal.10. Heard the learned counsel appearing for the appellant-Transport Corporation and perused the entire materials on record.11. From the materials available on record, it is seen that it is the case of the respondents that while one Duraisamy/husband of the 1st respondent and father of respondents 2 and 3 was riding his TVS Wego motorcycle on Dharmapuri -Salem Nethaji Bye pass Road towards Dharmapuri Collectorate near State Bank of India, Dharmapuri, the driver of the bus belonging to appellant-Transport Corporation drove the same in a rash and negligent manner and dashed on the backside of the TVS Wego motorcycle rode by the deceased and caused the accident. Due to the injuries sustained in the accident, the said Duraisamy died. To prove the same, the 1st respondent examined herself as P.W.1 and one Singaravelan, eyewitness to the accident was examined as P.W.2 and marked F.I.R., which was registered against the driver of the bus belonging to appellant-Transport Corporation as Ex.P1. On the other hand, it is the case of the appellant that accident has occurred only due to rash and negligent riding by the deceased who overtook the bus on the right hand side of the bus and suddenly turned to left side, applied brake and skidded and fell down in front of the bus and invited the accident. In support of their case, the driver of the bus was examined as R.W.1. The appellant-Transport Corporation or the driver of the bus did not lodge any complaint against the deceased or did not file any objection to the F.I.R., which was registered against the driver of the bus. In the absence of any other materials, the Tribunal considering the evidence of P.W.2/eyewitness, Ex.P1/F.I.R. and charge sheet laid against R.W.1, accepted the evidence of P.W.2 and rejected the evidence of R.W.1. The Tribunal has appreciated all the materials in proper perspective and has given valid reason for the said finding. There is no error in the said finding of the Tribunal warranting interference by this Court.12. As far as quantum of compensation is concerned, the Tribunal considering the entire materials placed before it, fixed notional income of the deceased at Rs.15,000/- per month and awarded compensation under different heads to the respondents which are not excessive warranting interference by this Court.13. In the result, this Civil Miscellaneous Appeal is dismissed and a sum of Rs.13,92,000/- awarded by th

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e Tribunal as compensation to the respondents, along with interest and costs is confirmed. The appellant-Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount if any already deposited, within a period of twelve weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.671 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Dharmapuri. On such deposit, the respondents are permitted to withdraw their respective share of the award amount as per the ratio of apportionment fixed by the Tribunal along with proportionate interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. Consequently, the connected Miscellaneous Petition is closed. No costs.
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