Justice Sunder Mohan was hearing an appeal filed by the managing director of TNSTC in 2013 against the judgement passed by the Motor Accident Claims Tribunal Judge of Additional District Sessions Court/Fast Track Court in Madurai.
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Madras High Court bins appeal of TNSTC in road accident case
With regard to the negligence, the court said, the appellant did not produce any contra evidence to disprove the evidence of the claimants.
Madurai bench of Madras High courtExpress photo
Updated on:
23 Sep 2024, 10:21 am
2 min read
MADURAI: The Madurai Bench of the Madras High Court dismissed the appeal petition filed by the Tamil Nadu State Transport Corporation (TNSTC) against a tribunal fixed compensation of Rs 3.33 lakh to the family of a deceased in a 1998 road accident case.
Justice Sunder Mohan was hearing an appeal filed by the managing director of TNSTC in 2013 against the judgement passed by the Motor Accident Claims Tribunal Judge of Additional District Sessions Court/Fast Track Court in Madurai.
The respondents of the case, L Pappathi and Vellammal, who were claimants of the tribunal case, filed a claim petition stating that a tea master, who was travelling in a bus on August 31, 1998 sustained fatal injuries after a TNSTC bus dashed the vehicle.
The tribunal, after taking into consideration the oral and documentary evidence, held that the accident took place due to the rash and negligent driving of the driver of the TNSTC bus belonging to the appellant, and awarded total compensation of Rs 3.33 lakh.
However, the counsel for the appellant submitted that the finding on negligence by the tribunal was contrary to the evidence on record; and in any case, the compensation awarded by the tribunal was excessive and prayed for setting aside the order.
Hearing the arguments, the court considered whether the finding on negligence by the tribunal was justified and whether the compensation awarded was just and reasonable.
With regard to the negligence, the court said, the appellant did not produce any contra evidence to disprove the evidence of the claimants. In light of the evidence relied upon by the claimants, this court is of the view that the finding of the tribunal that the accident took place due to the rash and negligent driving of the offending bus is justified.
The court further said that the counsel for the appellant was unable to point out any infirmity in the said award of compensation and hence the same is reasonable. The counsel for the appellant shall deposit the entire compensation amount with accrued interest at the rate of 7.5% from the date of petition till the date of deposit, within a period of six weeks, directed the court.
