Madras High Court
Metropolitan Transport Corporation ... vs O.Rakesh on 10 January, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.164 of 2019
and
C.M.P.No.787 of 2019
Metropolitan Transport Corporation (CD.II) Ltd.,
Represented by its Managing Director,Chennai.
Pallavan House, Anna Salai,
Chennai – 600 002. .. Appellant
Vs.
O.Rakesh .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated
30.11.2007, made in M.C.O.P.No.4187 of 2000, on the file of the III
Court of Small Causes, (Motor Accident Claims Tribunal), Chennai.
For Appellant : Mr.S.S.Swaminathan
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant- Transport Corporation challenging the judgment and decree dated 30.11.2007 made in M.C.O.P.No.4187 of 2000, on the file of the III Court of Small Causes, (Motor Accident Claims Tribunal), Chennai. http://www.judis.nic.in 2
2.Heard the learned counsel appearing for the appellant and perused the materials available on record.
3.The appellant-Transport Corporation is the respondent in M.C.O.P.No.4187 of 2000 on the file of the III Court of Small Causes, (Motor Accident Claims Tribunal), Chennai. The respondent filed the said claim petition claiming a sum of Rs.60,000/- as compensation for the injuries sustained by him in the accident that took place on 05.07.2000. The Tribunal, considering the pleadings, oral and documentary evidence held that the accident occurred due to rash and negligent driving by the driver of the bus belonging to the appellant- Transport Corporation and directed the appellant to pay a sum of Rs.24,000/- as compensation to the respondent. Challenging the said award dated 30.11.2007 made in M.C.O.P.No.4187 of 2000 granting compensation to the respondent, the appellant-Transport Corporation has come out with the present appeal.
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4. The first contention of the learned counsel for the appellant is that the Tribunal erred in fixing the liability on the appellant-Transport Corporation bus based on the evidence of PW2 – who is the injured respondent and Ex.P1 – Accident Register and Ex.P10 – FIR, is without merits. It is the further contention of the learned counsel for the appellant that the Criminal Court has acquitted the driver of the bus for non-proof of his criminal negligence based on the evidence of PW4 – Head Constable attached to the traffic and hence the appellant is not liable to pay compensation. It is well settled that FIR, Charge Sheet, Criminal Investigation as well as judgment rendered by the Criminal Court are not binding on the Tribunal. The Tribunal can take these documents for consideration, but has to fix the negligence only by appreciating the evidence let in by the parties before the Tribunal. The Tribunal has considered the evidence of respondent as P.W.2, who is injured eye witness and Ex.P10- FIR registered against the driver of the bus and held that the accident occurred only due to rash and negligent driving by the driver of the bus.
5. The contention of the learned counsel for the appellant that the amounts awarded by the Tribunal under various heads are excessive, are contrary to the materials available on records. The Tribunal, considering the oral and documentary evidence, especially evidence of http://www.judis.nic.in 4 P.W.3-Doctor and disability certificate, has awarded compensation under different heads, which are just compensation and not excessive. There is no error in the said award of the Tribunal warranting interference by this Court.
6. In the result, this Civil Miscellaneous Appeal is dismissed and sum of Rs.24,000/- awarded by the Tribunal as compensation to the respondent, 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 already deposited, if any, 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.4187 of 2000. On such deposit, the respondent is permitted to withdraw the award amount, along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
10.01.2019 Index : Yes / No Speaking Order: Yes/No rgr/mtl http://www.judis.nic.in 5 V.M.VELUMANI, J., rgr/mtl C.M.A.No.164 of 2019 and C.M.P.No.787 of 2019 10.01.2019 http://www.judis.nic.in