The Managing Director v. Jayagopal Son of Venkatesan

JUDGMENT This Appeal has been filed against the decree and judgment passed in M.C.O.P.No.1342 of 2021 on the file of the Motor Accidents Claims Tribunal Additional Subordinate Court, Krishnagiri, dated 21.06.2024.

¶2Briefly stated, the alleged accident took place on 15.10.2021 at about

19.50 hours at Singarapettai EB Office. The appellant was traveling as a pillion on a two wheeler bearing Registration No.TN 24 AW 2182, its driver was driving the two wheeler in a careful manner on the left side of the road. At that time, on the same direction a TNSTC bus bearing Registration No.TN 57 N 1319, was driven in a rash and negligent manner and dashed against the two wheeler and caused the accident. As a result, the appellant sustained grievous injury and fractured his right tibia and right patella. The opposition to the claim is that the alleged accident took place due to the negligent act of the claimant who was not wearing a helmet at the time of accident and that he did not possess a valid Driving License at the time of accident and that the driver of the TNSTC bus drove the vehicle with caution. That apart, other facts have been disputed. The claims Tribunal holds that, bus was being driven rashly and negligently and caused the accident, is proved. Accordingly, the claim has been allowed and a sum of Rs.3,52,525/- was awarded as compensation.

¶3Through this appeal, findings of the Claims Tribunal has been challenged. Substance of evidence clearly points out that the alleged accident was caused due to the rash and negligent act of the driver of the bus. The claims Tribunal appreciated the evidence of PW1 and Ex.P.1 (copy of FIR) and concluded that the driver of the bus caused the accident. The Tribunal has analyzed and appreciated the evidence in correct perspectives. Hence, the above findings of the Tribunal is confirmed.

¶4Having come to the aforesaid conclusion, the next question to be answered is about the compensation awarded to the claimant. The claimant was 37 years at the time of the accident. Considering the age and the nature of injury suffered by the claimant and other facts such as year of accident, avocation etc., the claims Tribunal has awarded a sum of Rs.3,25,525/- as compensation and the same found to be just and reasonable, which warrants any interference by this Court.

¶5In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

19.01.2026 Index : Yes Speaking Order : Yes vsn To

1.The Additional Subordinate Court, Motor Accident Claims Tribunal, Krishnagiri.

2.The Section Officer, V.R.Section, High Court, Madras. K.GOVINDARAJAN THILAKAVADI, J vsn C.M.A No.3872 of 2025

19.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2026 CORAM THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI The Managing Director Tamil Nadu State Transport Corporation Ltd., Bharathipuram, Dharmapuri ...Appellant Vs. Jayagopal ...Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the decree and judgment dated 21.06.2024 passed in M.C.O.P.No.1342 of 2021 on the file of the Motor Accident Claims Tribunal, Additional Subordinate Court, Krishnagiri. For Appellant : Mr. Nitin D