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

    C.M.A. No. 3891 of 2019 & C.M.P. No. 22260 of 2019

    Decided On, 28 August 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellant: D. Venkatachalam, Advocate. For the Respondents: No Appearance.



Judgment Text

(The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 03.04.2019 passed in M.C.O.P. No.115 of 2014 on the file of the learned Additional District Judge, Additional District Court-cum-Motor Accidents Claims Tribunal, Ariyalur.)1. The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 03.04.2019 passed in M.C.O.P. No.115 of 2014 on the file of the learned Additional District Judge, Additional District Court-cum-Motor Accidents Claims Tribunal, Ariyalur.2. The Tamil Nadu State Transport Corporation is the appellant.3. The learned counsel appearing on behalf of the appellant-Transport Corporation mainly contended that the present Civil Miscellaneous Appeal is filed mainly on the ground of negligence. In view of the fact that the First Information Report was filed against the deceased person, who was riding the two wheeler and hit against the Transportation Corporation Bus.4. The accident occurred on 25.06.2013 at about 11.15 P.M. near Chennai-Kumbakonam Highways Road. Meensuruti Police Station registered a case in Crime No.250 of 2013 under Sections 279, 337 and 304(A) of IPC. The deceased died on the spot and the FIR was filed against the deceased.5. The contention of the appellant-Transport Corporation is that when the accident occurred due to the negligent act of the deceased person, the Tribunal ought not to have fixed the liability on the appellant-Transport Corporation and therefore, the award is liable to be scrapped.6. The driver of the appellant-Transport Corporation was examined as witness as well as the Sub Inspector of Police. Both the witnesses have deposed that the rider of the two wheeler had committed the act of negligence by driving the Motorcycle in a rash and negligent manner. In spite of the evidence, the Tribunal has fixed the liability on the appellant-Transport Corporation.7. Perusal of the award reveals that the rough sketch was considered by the Tribunal. The Sub Inspector of Police deposed that the appellant-Transport Corporation Bus was proceeding from South to North and the rough sketch also shows the same position. The Sub Inspector of Police deposed that the two wheeler was coming from South to North. On that basis, the Tribunal has proceeded and found that the appellant-Transport Corporation Bus was not driven on the left side of the road. Contrarily, the appellant-Transport Corporation Bus was driven on the right side of the road and on account of the fact that the appellant-Transport Corporation Bus driver was driving the vehicle on the right side of the road, which resulted in an accident and accordingly, the negligence was fixed on the driver of the appellant-Transport Corporation Bus.8. Though the appellant-Transport Corporation Bus driver has deposed that the rider of the two wheeler has committed the act of negligence as well the Inspector of Police also deposed, the Tribunal independently considered the possibility as well as the proximity, so as to arrive a conclusion. The Courts are bound to consider all these aspects while fixing the negligence. It is not preferable always that the copy of the FIR is to be relied upon and the deposition of the Police Officials to be trusted upon. Independent analysis of the facts and circumstances as well as the documents are highly warranted, so as to arrive a fair conclusion.9. In the present case, the learned counsel for the appellant-Transport Corporation made a submission that both the driver of the Transport Corporation Bus as well as the Sub Inspector of Police deposed in clear terms that the rider of the two wheeler/deceased had committed an act of negligence. FIR was also registered against the deceased. However, the Tribunal has drawn a clear inference based on the documents and identified that the appellant-Transport Corporation Bus was not driven on the left side of the road and contrarily, the appellant-Transport Corporation Bus was driven by the driver on the right side of the road, which could be the possible reason for the accident.10. This being the categorical findings of the Tribunal, this Court do not find any error or additional ground to repudiate the findings. Thus, the findings of the Tribunal in fixing the negligence on the part of the driver of the appellant-Transport Corporation Bus stands confirmed.11. As far as the quantum of compensation is concerned, the deceased was running a Mess and the monthly income of the deceased was fixed as Rs.6,000/-. The accident occurred during the year 2013 and therefore, fixation of a sum of Rs.6,000/- as income per month cannot be construed as excess

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ive. Therefore, this Court is not inclined to interfere with the quantum of compensation awarded by the Tribunal.12. Accordingly, the judgment and decree dated 03.04.2019 passed in M.C.O.P. No.115 of 2014 on the file of the learned Additional District Judge, Additional District Court-cum-Motor Accidents Claims Tribunal, Ariyalur stands confirmed and consequently, the C.M.A.No.3891 of 2019 stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.
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