The Managing Director v. Mahalakshmi

JUDGMENT This appeal has been filed by the Transport Corporation challenging the Award passed by the MACT, Special District Judge, Villupuram in MCOP No.534 of 2020 dated 19.04.2023.

2.The respondents 1 to 6 are the claimants, they filed a claim petition on the ground that on 30.09.2019, the deceased Gopu @ Gopi was travelling in a auto rickshaw and at about 10 a.m., when the auto was near Madipakkam Bazar Road, one of the offending vehicle viz., the car belonging to the 7th respondent was driven in a rash and negligent manner and it dashed on the auto. Consequently, the auto was pushed to the other side of the road and the bus belonging to the Transport Corporation dashed on the auto as a result of which, in the deceased sustained grievous injuries and he succumbed to the injuries. It is under these circumstances, the claim petition came to be filed before the Tribunal.

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of the oral and documentary evidence, came to a conclusion that the accident had taken place primarily due to the rash and negligent driving on the part of the car, which was owned by the 7th respondent and insured with the 8th respondent. The Tribunal also took into consideration the fact that, if the bus belonging to the Transport Corporation had been driver at a slow speed on a crowded road, the grievous injuries ultimately sustained by the deceased could have been averted. Hence, the Tribunal came to a conclusion that, 75% negligence has to be attributed to the driver of the car and 25% negligence has to be attributed to the driver of the bus belonging to the Transport Corporation.

4.The Tribunal having rendered the above finding, fixed the total compensation at Rs.26,31,200/- under various heads as follows: Compensation awarded under the head Amount (in Rs.) Loss of Income 23,56,200 Funeral Expenses 15,000 Damages to Clothes and other valuables 15,000 Loss of Love and Affection 2,40,000 Transportation Charges 5,000 Total 26,31,200

6.The above compensation was directed to be paid along with interest at the rate of 7.5% per annum by the 1st respondent to the claimant.

7.Aggrieved by the same, the Transport Corporation has filed the present appeal on the ground that the bus belonging to the Transport Corporation was not at fault and therefore, the entire negligence ought to have been attributed solely as against the driver of the car.

8.This Court has carefully considered the submissions made on either side and also the materials available on record and this Court has also gone through the Award passed by the Tribunal.

9.In the considered view of this Court, the Tribunal has rendered a finding to the effect that the car was driven in a rash and negligent manner and dashed against the auto rickshaw and on its impact, the auto rickshaw went to the other side of the road and it was dashed by the bus belonging to the Transport Corporation. The Tribunal, therefore, has rightly fixed the negligence at 75% on the car and 25% on the bus belonging to the Transport Corporation. The above finding rendered by the Tribunal does not suffer any perversity warranting the interference of this Court. This Court also finds that the compensation fixed by the Tribunal is fair and just and does not require the interference of this Court.

10.Accordingly, this Civil Miscellaneous Appeal stands dismissed. The appellant/Transport Corporation shall deposit their share of the compensation, within a period of six weeks from the date of receipt of copy of this order. No Costs. Consequently, the connected miscellaneous petition is closed.

13.07.2026 Index : Yes/No Speaking Order/Non-Speaking Order ssr N. ANAND VENKATESH., J ssr To The Motor Accident Claims Tribunal, Villupuram. (Special District Judge, Villupuram) CMA No.2245 of 2026

13.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.2245 of 2026 The Managing Director, Metropolitan Transport Corporation Limited, Pallavan House, Anna Salai, Chennai – 02. ..Appellant .vs. 1.Mahalakshmi 2.Minor.Lavanya 3.Minor.Reeta 4.Minor.Hariram 5.Unnamalai 6.Ammasi 7.Rajesh Annadurai 8.Sriram Genreal Insurance Company Ltd., Chennai. ..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, appeal against the order dated 19.04.2023 passed in MCOP.No.534 of 2020, on the file of the Motor Accident Claims Tribunal, Villupuram, (Special District Judge, Villupuram). For Appellants : Mr.A.Vinothraj For Respondents : Mr.N.Elayaraja for R1 to R6 Mr.B.Sivakollappan for R8