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2026 Supreme(Online)(Mad) 29108

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N. SENTHILKUMAR
The Managing Director – Appellant
Versus
Mani – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.02.2026 CORAM THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and C.M.P(MD) No.1546 of 2026 The Managing Director, Tamil Nadu State Transport Corporation, New Railway Station Road, Kumbakonam Division – I, Kumbakonam. ... Petitioner Vs Mani ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the award passed in M.C.O.P.No.58 of 2023, dated 06.01.2025 on the file of the Motor Accident Claims Tribunal cum III Additional District Court, Thanjavur @ Pattukkottai and allow the revision with costs.

For Petitioner : Mr.S.Micheal Heldon Kumar

ORDER

This Civil Revision Petition has been filed challenging the award dated 06.01.2025 passed in M.C.O.P. No.58 of 2023 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Court, Thanjavur @ Pattukkottai.

2. The Tribunal has awarded a sum of Rs.38,200/- to the respondent/claimant. Challenging the same, the present Civil Revision Petition has been filed.

3. The learned counsel for the revision petitioner contended that the accident occurred due to the negligence of the respondent. It is further submitted that there is no material or eyewitness to establish that the driver of the bus was driving in a rash or negligent manner. The learned counsel also contended that the Tribunal failed to consider the fact that the bus driver possessed a valid driving licence and that the FIR, by itself, is not a substantive piece of evidence. Hence, he prayed for setting aside the award.

4. The Tribunal, on appreciation of the materials available on record, found that though a plea was raised attributing negligence to the respondent, no evidence was produced to substantiate the same. It was also noted that no complaint had been lodged by the revision petitioner to establish negligence on the part of the respondent. Taking into consideration the absence of material evidence to prove negligence and on assessment of the disability at 3%, the Tribunal awarded a sum of Rs.38,200/-.

5. Considering the facts and circumstances of the case and the nature of disability sustained by the respondent, this Court finds no infirmity in the award passed by the Tribunal warranting interference. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

Speaking : Yes / No 10.02.2026 Indu N.SENTHILKUMAR, J.

Indu

10.02.2026

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