Supreme Court - Daily Orders
The Managing Director, Tamil Nadu State ... vs P.R. Jayapandian on 12 July, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
1
ITEM NO.25 COURT NO.5 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10572/2022
(Arising out of impugned final judgment and order dated 23-08-2021
in CMAMD No. 708/2021 passed by the High Court Of Judicature At
Madras At Madurai)
THE MANAGING DIRECTOR,
TAMIL NADU STATE TRANSPORT CORPORATION Petitioner(s)
VERSUS
P.R. JAYAPANDIAN & ORS. Respondent(s)
(IA No.84545/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.84546/2022-EXEMPTION FROM FILING O.T.)
Date : 12-07-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. Amit Anand Tiwary, AAG
Mr. D.kumanan, AOR
Mr. Sheikh F. Kalia, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner contends that in respect of the same incident while apportioning the liability, since the vehicle (trailer) of the opposite side was parked in the centre of the road, 50% negligence each was attributed to the bus and to that other vehicle.
However, in the present case, the 100% liability has been put on the petitioner which would show there is a Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2022.07.12 17:09:02 IST Reason: conflict of view.
On our query as to where this point is raised before the High Court, learned counsel fairly states that a 2 reading of the impugned order shows that this point was not even urged.
In our view, the petitioner has been grossly negligent in bringing the relevant facts to the notice of the High Court.
We thus, consider appropriate to pass the following directions:
1) The petitioner is granted liberty to move an application before the High Court within 30 days from today pointing out the facts of the other cases decided and the manner of fixation of percentage of liability and the High Court will take a view on merits on that issue.
2) We consider appropriate to burden the petitioner with costs of Rs.10,000/- for wastage of judicial time, both at the High Court level and this Court. The amount be deposited within four weeks with the Supreme Court Mediation and Conciliation Project Committee.
The Special Leave Petition stands accordingly disposed of.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)