CMA/113/2023 of THE MANAGING DIRECTOR Vs BHUVANESWARI on 12 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed against the judgment and decree dated 18.02.2021 passed by the Motor Accidents Claims Tribunal, Principal District Judge, Salem, in M.C.O.P.No.13 of 2019.

2. The learned counsel appearing for the appellant submitted that the dependants of the deceased Sivakumar/ claimants filed claim petition before the Special District Court, MCOP Tribunal, Salem in M.C.O.P.No.1104 of 2017 and the same was transferred to the file of the Motor Accidents Claims

Tribunal, Salem and was re-numbered as M.C.O.P.No.13 of 2019. The learned counsel further submitted that the claimants filed claim petition claiming compensation of Rs.50 Lakhs alleging that on 04.09.2016 at about 20.00 hours, the deceased Sivakumar was riding his motor cycle bearing Registration No.TN-54-K-2697 along with his wife and children as pillion riders, on the extreme left side of the Salem – Ayoaidapattinam Main Road near Kandhagiri Spinning Mill. At that time, a bus bearing Registration No.TN-32-N-3884 came from the opposite direction in a rash and negligent manner and the driver of the bus lost his control and hit against the motor cycle, due to which the deceased lost his life. After adjudication, the Tribunal awarded a sum of Rs.30,94,000/- as compensation to the claimants along with interest at 7.5% p.a. from the date of petition till the date of deposit of compensation amount (excluding the period of dismissal for default, if any) with proportionate costs and directed the appellant to deposit the said amount.

3. The learned counsel appearing for the appellant further submitted that aggrieved by the negligence fixed by the Tribunal, the appellant has filed this appeal.

4. The learned counsel appearing for the appellant further submitted that the deceased was riding the two wheeler along with his wife and two children, which is beyond the permissible limit. The learned counsel further submitted that at the time of accident, the deceased did not wear helmet, thereby, he sustained fatal injuries and lost his life. Ext.P2 – postmortem report clearly reveals that the deceased died due to head injuries. The learned counsel further submitted that no negligence was fixed on the deceased for non wearing of helmet. The learned counsel fairly submitted that the quantum of compensation awarded by the Tribunal is just and reasonable.

5. Per contra, the learned counsel appearing for the respondents 1 to 4/ claimants submitted that since the postmortem report revealed that the deceased died due to head injuries, that does not mean that the deceased was not wearing helmet and further submitted that the appellant Transport Corporation did not examine any independent witness to prove the negligence contributed by the deceased. The learned counsel further submitted that the deceased was driving the motorcycle on the extreme left side of the Road, however, the driver of the bus belonging to the appellant Transport Corporation drove the vehicle in a rash and negligent manner and hit the motorcycle, due to which the deceased lost his life.

6. The learned counsel appearing for the respondents 1 to 4/ claimants further submitted that the Tribunal after considering all the factual aspects, awarded compensation which is just and reasonable and the same warrants no interference.

7. Heard the learned counsel appearing on either side and perused the materials available on record.

8. Before the Tribunal, on the side of the claimants four witnesses were examined as P.W.1 to P.W.4 and exhibits Ext.P1 to Ext.P16 were marked. On the side of the appellant Transport Corporation one witness was examined as R.W.1 and no exhibit was marked. Court exhibits Ext.C1 and Ext.C2 were also marked.

9. Perusal of records reveal that 04.09.2016 at about 20.00 hours, the deceased Sivakumar was riding his motor cycle bearing Registration No.TN-54- K-2697 along with his wife and children as pillion riders, on the extreme left side of the Salem – Ayoaidapattinam Main Road near Kandhagiri Spinning Mill. At that time, a bus bearing Registration No.TN-32-N-3884 came from the opposite direction in a rash and negligent manner and the driver of the bus lost his control and hit against the motor cycle, due to which, the accident occurred and the deceased lost his life.

10. Though Ext.P2 postmortem report revealed that the deceased died due to head injuries, that does not mean that the deceased was not wearing helmet while he was driving the motorcycle. Further, the appellant Transport

Corporation did not examine any independent witness to prove the negligence on the part of the deceased. Without examining any independent eye witness, the appellant questioning the negligence aspect is not sustainable one.

11. Insofar as the quantum of compensation is concerned, in the opinion of this Court, the Tribunal after considering all the factual aspects, awarded compensation which is just and reasonable and the same warrants no interference.

12. The civil miscellaneous appeal is dismissed. The judgment and decree dated 18.02.2021 passed by the Motor Accidents Claims Tribunal, Principal District Judge, Salem, in M.C.O.P.No.13 of 2019, is confirmed. No costs. Consequently, the connected miscellaneous petition is closed. (M.D.I.,J.) (A.D.M.C.,J.) 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Motor Accidents Claims Tribunal, Principal District Judge, Salem.

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri CMA No. 113 of 2023 And CMP No.925 of 2023 12-10-2026