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2022 Supreme(Mad) 3185
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J.
Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam - Appellant
Versus
Chinnamayil & Another - Respondent
C.M.A. No. 907 of 2022 & C.M.P. No. 6757 of 2022
Decided On : 27-07-2022
For the Appellant:L. Ramanathan, Advocate. For the Respondents:R1 & R2, G. Ashokapathy, M/s. Pass Associated, Advocates.
The central legal point established in the judgment is the importance of thoroughly examining the evidence to determine liability in compensation claims under the Motor Vehicles Act.
Headnote:
Motor Vehicles Act - Compensation Claim - Section 173 - Road Accident - [ACT SECTION LIST] - The court discussed the evidence presented, including the FIR, witness testimony, and motor vehicle inspection, to determine the involvement of the appellant's bus in the accident. The court found that the bus was not involved in the accident and set aside the award of the Tribunal.
Fact of the Case:
The claimants sought compensation for the death of Ayyanar in a road accident involving the appellant's bus. The Tribunal awarded compensation based on the police identifying the bus and witness testimony.
Finding of the Court:
The court found that the evidence did not support the involvement of the appellant's bus in the accident and concluded that it was introduced for obtaining compensation.
Issues: The main issue was the involvement of the appellant's bus in the accident and the validity of the compensation claim.
Ratio Decidendi: The court's decision was based on a conjoint examination of the evidence, including the FIR, witness testimony, and motor vehicle inspection, leading to the conclusion that the bus was not involved in the accident.
Final Decision: The Civil Miscellaneous Appeal was allowed, the award of the Tribunal was set aside, and no costs were awarded.
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside the Decree and Judgement dated 01.11.2021 made in MCOP No.101 of 2018 on the file of the Motor Accidents Claims Tribunal, Principal District and Sessions Court, Ariyalur.)
1. Aggrieved by the award passed in MCOP No.101 of 2018 by the Motor Accident Claims Tribunal, Principal District cum Sessions Judge Ariyalur, the Transport Corporation is the appellant before this Court. The facts in brief are as follows:-
2. The Respondents herein who are the mother and brother of one Ayyanar had filed the above MCOP claiming compensation of a sum of Rs.20,00,000/- for the death of the said Ayyanar in a road accident on 06.10.2017. It is their case that on 06.10.2017 at about 8.15 Pm the deceased Ayyanar was waiting at the bus stop opposite to Thirumanoor Union Office to board the bus to go to his village at Karaivetipardur. At that time, the bus belonging to the appellant/Transport Corporation, bearing Registration No. TN 49 N 1366, driven by its driver in a rash and negligent manner and proceeding from south to north dashed against the deceased Ayyanar who was waiting at the bus stop. He was rushed to the Primary Health Centre at Thirumanoor where he received First Aid and thereafter he was sent to the Government Hospital at Thiruvaiyaru where he succumbed his injuries. It is the contention of the claimants that the said Ayyanar was aged about 28 years, working in a private cotton mill as a supervisor and also carrying on agricultural activities earning a monthly income of about Rs.50,000/- They, therefore, sought for compensation from the appellant/Transport Corporation.
3. The appellant/Transport Corporation had filed a counter stating that the records maintained by them does not reflect the involvement of the vehicle bearing Registration No.TN 49 N 1366 in a road accident on 06.10.2013. It is their further contention that the Thirumanoor Police have registered a case in FIR No.251 of 2017 on 07.10.2017 that the deceased had been hit by an unknown vehicle. The FIR also reflects that the said Ayyanar was in an intoxicated state. The appellant/Transport Corporation, therefore, contended that they were not liable to compensate the respondents since their vehicle was not involved in an accident. The Tribunal below by its award dated 01.11.2021 held negligence upon the appellant/Transport Corporation based on the fact that the police had subsequently identified the vehicle which was involved in the accident, arrested the driver of the vehicle bearing Registration No.TN 49 N 1366. Thereafter the Bus was also subject to the motor vehicle inspection which would clearly show that the said bus was involved in the accident. That apart, the Tribunal has relied upon the evidence of P.W.2 who is stated to be the eye witness. The Tribunal also drew an adverse inference from the fact that the appellant/ Transport Corporation has not made available the trip sheet for the date 06.10.2017 in respect of the bus bearing registration No.TN-49-N-1366. Therefore, the Tribunal has proceeded to pass an award for a sum of Rs.11,01,000/-. Aggrieved by the said award the appellant/Transport Corporation is before this Court.
4. Heard both the counsels.
5. The admitted facts in the case is that the deceased Ayyanar had been hit by a vehicle which caused grievous injuries to him and as a result of which he had passed away. In Ex.P.1, FIR which was lodged on the next day at 8 O' clock in the morning of 07.10.2017 on the basis of the complaint given by the paternal uncle of the deceased Ayyanar, the details of the accused vehicle has been described as an "unknown vehicle".
6. The complainant in Ex.P.1, Ayyamperumal would submit that he has given the complaint on the basis of the information given to him by the deceased Ayyanar at the hospital. According to this complaint the deceased Ayyanar was crossing the road from east to west to wait at the Thirumanoor Uni
