1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No(MD)No.573 of 2011 and M.P(MD)No.1 of 2011 The General Manager, Tamil Nadu State Transport Corporation, Madurai Division IV Ltd., Dindigul. ... Appellant/Claimant Vs. 1.D.Elangovan 2.The Divisional Manager, New India Assurance Company Limited., (Having Office at Regina Mansaon, No.46, Moor Street, 1st floor, Chennai. ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 07.01.2005 made in M.C.O.P.No.143 of 2000 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court, Fast Track Court, Dindigul. For Appellant : M/s.Rajnish Pathiyil For R-2 : Mr.B.Vijay Karthikeyan JUDGMENT This Civil Miscellaneous Appeal is taken up for final disposal on merits at the admission stage. 2. This Civil Miscellaneous Appeal is filed by the claimant/State Transport Corporation against the rejection of claim petition for the compensation of Rs.13114/- for the damages caused to the State Transport Corporation Vehicle in the course of the accident occurred at 08.30 p.m., on 11.01.1998 near Malai Mariamman Kovil at Vandipalayam. 3. The date, time, place and the manner of the accident and the involvement in the accident of the State Transport Corporation bus bearing Registration No.TN 57/N0939 and the jeep bearing Registration No.TN 45/X6066 owned by the first respondent and insured with the second respondent at the time of the accident and the nature and extent of the damages caused to the vehicle, are not so seriously denied and what is seriously denied in the claim petition is the manner of the accident. While according to the claimant/ State Transport Corporation, the driver of the jeep is solely at fault for the accident, the second respondent/insurer of the jeep, who contested the matter on behalf of the insured as well as the insurer has by relying upon Ex.R.1-Investigation report of his private investigation officer engaged by the second respondent/Insurance Company to go into the factum and manner of the accident and genuineness of the claim and by relying upon the police records relating to the accident such as F.I.R, charge sheet enclosed along withe Ex.R-1, contended that the driver of the https://hcservices.ecourts.gov.in/hcservices/ 2 bus is by his rash and negligent driving caused the accident and the jeep driver is in no manner responsible for the same and the State Transport Corporation being the owner of the tort feaser, is not entitled to claim any compensation for the damages caused to the vehicle. 4. The Tribunal has on the basis of the evidence available on record, accepted the theory put forth on the side of the second respondent/insurer regarding the manner of the accident and has rejected the claim petition filed by the tort feaser. Hence, this appeal by the State Transport Corporation before this Court. 5. The learned counsel for the contesting respondent has taken this Court through the finding rendered by the Tribunal on the basis of the F.I.R and charge sheet filed only against the bus driver and on the basis of the rough sketch relating to the scene of occurrence as if it is the bus driver who came on the wrong side and dashed against the jeep coming on the opposite direction. 6. There is absolutely no reason made out on the side of the defendant to disagree with the finding so rendered by the Tribunal which is based on due evidence and supported by proper reasoning. In that event, this Court is of the view that the Tribunal has rightly rejected the claim petition filed by the State Transport Corporation whose driver is the wrong doer. 7. In the result, this Civil Miscellaneous Appeal is dismissed confirming the order dated 07.01.2005 made in M.C.O.P.No.143 of 2000 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court, Fast Track Court, Dindigul. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To The Motor Accident Claims Tribunal/ Additional District and Sessions Judge, Fast Track Court, Dindigul. +1cc to M/s.Rajnish Pathiyil, Advocate SR.No.15663 CMA(MD).No.573 of 2011 27.04.2011 pm PA/01.06.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/