CMA/3467/2026 of The Managing Director Vs Bharagathoon Nisha on 9 October 2026

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani J.) This appeal has been filed against the judgment and decree dated 16.04.2025 passed by the Motor Accident Claims Tribunal (Special District Judge) at Viilupuram, in M.C.O.P.No.101 of 2023.

2. The learned counsel appearing for the appellant submitted that the respondents/ dependents of the deceased Rajamohammed filed claim petition claiming compensation of Rs.46 Lakhs alleging that on 01.08.2021 at about 04.45 p.m., the deceased went extreme left side road by bike near Iyyanampalayam Village Bus Stop, Villupuram to Gingee Road. At that time, the Government Bus bearing Registration No.TN 21 N 1310 came very fast from Thiruvannamalai to Villupuram Road and dashed the deceased’s bike, due to which, the deceased lost his life. After adjudication, the Tribunal awarded a sum of Rs.26,97,801/- as compensation to the claimants along with interest at 7.5% p.a. from the date of filing of the petition till the date of realization with costs and directed the appellant to deposit the compensation amount.

3. The learned counsel appearing for the appellant further submitted that the driver of the bus is the eye witness and he was examined as R.W.1 and his deposition makes it very clear that without noticing the regular traffic, the deceased came in a rash and negligent manner and dashed against the bus, however, the Tribunal fixed the negligence on the part of the driver of the appellant Corporation bus on the basis of P.W.2 and Ex.P1 F.I.R. The said approach of the Tribunal is not sustainable one. The learned counsel further submitted that the amount of compensation awarded by the Tribunal is also on the higher side.

4. The learned counsel appearing for the respondents / claimants submitted that the Tribunal after considering all the factual aspects, fixed the negligence on the part of the driver who drove the vehicle belonging to the appellant Corporation and awarded compensation which is just and reasonable and the same warrants no interference.

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

6. Before the Tribunal, on the side of the claimants two witnesses were examined as P.W.1 and P.W.2 and exhibits Ex.P.1 to Ex.P.10 were marked. On the side of the appellant Transport Corporation, one witness was examined as

R.W.1 and no exhibit was marked.

7. Perusal of records reveal that on 01.08.2021 at about 04.45 p.m., the deceased went on the extreme left side of the road by bike near Iyyanampalayam Village Bus Stop, Villupuram to Gingee Road. At that time, the Government Bus bearing Registration No.TN 21 N 1310 came very fast from Thiruvannamalai to Villupuram Road and dashed the deceased’s bike, due to which, the deceased lost his life.

8. Inorder to prove the negligence on the part of R.W.1, FIR was marked as Ex.P.1. Apart from that, P.W.2 eye witness was also examined. To disprove the negligence on the part of R.W.1, no independent eye witness was examined and R.W.1 is the interested witness. Except the evidence of R.W.1, no independent evidence is available to fix the negligence as against the deceased. Without examining any independent eye witness, the appellant questioning the negligence aspect is not sustainable one.

9. Insofar as the quantum of compensation is concerned, the claimants claimed that the deceased was working in a mutton stall and was earning a sum of Rs.15,000/- per month, however, the Tribunal fixed a sum of Rs.13,000/- per month as the monthly income of the deceased for the accident of the year 2021, which need not be interfered with. 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.

10. This civil miscellaneous appeal is dismissed. The judgment and decree dated 16.04.2025 passed by the Motor Accident Claims Tribunal (Special District Judge) at Viilupuram, in M.C.O.P.No.101 of 2023, is confirmed. The appellant Transport Corporation is directed to deposit the entire award amount before the Tribunal, less the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the respondents / claimants are permitted to withdraw their respective shares as apportioned by the Tribunal, along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal.

11. This civil miscellaneous appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (M.D.I.,J.) (A.D.M.C.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To The Motor Accident Claims Tribunal (Special District Judge) at Viilupuram.

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri CMA No. 3467 of 2026 And CMP No.27850 of 2026 09-10-2026