The Managing Director vs Arasan S/o Veerappan

CMA No. 3581 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3581 of 2026
and C.M.P.No.29184 of 2026
CNR: {HCMA010728062026}
The Managing Director
Tamil Nadu State Transport Corporation Ltd.,
Salem-7
..Appellant(s)
Vs
Arasan
..Respondent(s)
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the judgment and decree passed in
M.C.O.P.No.382 of 2020 dated 31.10.2025, by the Motor Accidents Claims
Tribunal, Special District Court-II, Cuddalore.
For Appellant(s): Mr.D.Nitin
For Respondent(s): Mrs.Ramya V.Rao
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CMA No. 3581 of 2026
JUDGMENT
The unsuccessful Transport Corporation has filed this Civil
Miscellaneous Appeal challenging the negligence fixed on them by the Motor
Accident Claims Tribunal, Special District Court No.II to deal with MCOP
Cases, Cuddalore, vide award dated 31.10.2025 made in M.C.O.P.No.382 of
2020.
2. According to the claimant/respondent herein, on 06.02.2020 at about
20.30 hours, when the claimant was riding his bicycle from east to west,
keeping extreme left side of Cuddalore to Vridhachalam main road opposite to
C.S.Hospital, Serakuppam, Vadalur, the appellant’s TNSTC bus bearing
Reg.No.TN 30 N 1821 came from opposite direction in a rash and negligent
manner and without making horn, dashed against the claimant’s bicycle, due to
which, he was thrown off and sustained fracture and multiple grievous injuries
and took treatment at Government Hospital, Kurinjipadi, Government
Headquarters Hospital, Cuddalore and thereafter, Jipmer Hospital, Puducherry.
3. The appellant/Transport Corporation has filed a counter statement
denying the manner of accident and stated that when the bus was driven by its
driver with great care and by honking its horn, near Serakuppam CS Hospital, a
cyclist suddenly crossed from right to left on the road used by heavy vehicles
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CMA No. 3581 of 2026
without paying attention and without following the rules of the road. The bus
driver applied the brake to stop the bus from hitting him, but the cyclist crashed
into the front of the bus and caused the accident and the accident did not occur
due to the negligence of the driver of the bus. The claimant has driven the
bicycle under the influence of alcohol.
4. Before the Tribunal, on behalf of the claimant, the claimant himself
was examined as P.W.1 and Ex.P1 to Ex.P6 were marked. On the side of the
respondent, no witness was examined and no document was marked. Disability
Certificate issued by the Medical Board was marked as Ex.C1.
5. On appreciation of evidence adduced on either side, the Tribunal found
that the accident occurred due to rash and negligent driving of the driver of the
bus belonging to the appellant/Transport Corporation, however, as per
Ex.P2/Accident Register issued by the Government Hospital, Kurinjipadi, the
Duty Doctor had recorded “breath smells of alcohol” and thereby, the Tribunal
held that the claimant has also contributed negligence in the accident, hence,
10% of contributory negligence was fixed on the claimant and 90% of
negligence was fixed on the appellant/Transport Corporation and the following
compensation was awarded by the Tribunal under various heads:-
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CMA No. 3581 of 2026
Sl.No. Heads Amount
1. Loss of Earning power due to
disability (12%)
Rs.84,000/-
2. Pain and sufferings Rs.20,000/-
3. Loss of comfort and amenities Rs.20,000/-
4. Extra-nourishment Rs.5,000/-
5. Attender charges (7 days) Rs.3,500/-
6. Medical Expenses Nil
7. Transport Expenses Rs.5,000/-
8. Loss of Expectation of life Rs.20,000/-
9. Loss of clothes and articles Nil
10. Loss of income during treatment
and recovery
Rs.5,000/-
11. Future medical expenses Nil
Total Rs.1,62,500/-
Less: 10% of contributory
negligence for influence of
alcohol
Rs.16,250/-
Compensation Payable Rs.1,46,250/-
Rounded off to
Rs.1,46,300/-
6. Aggrieved over the fixation of 90% negligence on the part of the driver
of the bus by the Tribunal, the appellant/Transport Corporation has preferred
this appeal.
7. The learned counsel appearing for the appellant/Transport Corporation
would submit that the Tribunal failed to see that the respondent/claimant was in
a drunken state at the time of accident which could be seen from
Ex.P2/Accident Register issued by the Government Hospital, Kurinjipadi,
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CMA No. 3581 of 2026
wherein, the Duty Doctor had recorded “breath smells of alcohol”. In such
circumstances, the Tribunal ought to have fixed 50% of contributory negligence
on the part of the claimant as the claimant himself invited the accident.
8. The learned counsel appearing for the respondent/claimant would
submit that upon appreciation of evidence adduced on either side, in the absence
of any evidence, the Tribunal ought not to have fixed 10% of contributory
negligence on the part of the claimant.
9. This Court considered the submissions made by both sides and perused
the materials available on record.
10. There is no dispute raised by the appellant/Transport Corporation with
regard to the quantum of compensation awarded by the Tribunal. The only
grievance of the appellant/Transport Corporation is with regard to fixation of
negligence on the part of the driver of the bus. According to the
respondent/claimant, on 06.02.2020 at about 20.30 hours, when the claimant
was riding his bicycle from east to west, keeping extreme left side of Cuddalore
to Vridhachalam main road opposite to C.S.Hospital, Serakuppam, Vadalur, the
appellant’s TNSTC bus came from opposite direction in a rash and negligent
manner without making horn and dashed against the claimant’s bicycle.
Whereas, the appellant/Transport Corporation has filed a counter statement
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CMA No. 3581 of 2026
before the Tribunal, wherein, it has been stated that when the driver has driven
the bus carefully honking its horn, near Serakuppam CS Hospital, the claimant
has suddenly crossed from right to left on the road used by heavy vehicles
without following the traffic rules and the driver applied the brake to stop the
bus from hitting him, but the respondent/claimant crashed into the front of the
bus and caused the accident. In order to prove the aforesaid facts, neither the
driver of the bus nor any other independent witness has been examined by the
appellant/Transport Corporation. In such circumstances, the Tribunal has rightly
held that the accident occurred due to rash and negligent driving of the driver of
the bus. However, it is relevant to note that in Ex.P2/Accident Register issued
by the Government Hospital, Kurinjipadi, the Duty Doctor had recorded
“Breath Smells of Alcohol” on examination of respondent/claimant and
considering the evidence of Ex.P2, the Tribunal has rightly held that the
respondent/claimant has driven the bicycle under the influence of alcohol and
that the claimant violated the Traffic Regulations while plying the bicycle in a
public road, and fixed 10% of contributory negligence on the claimant.
Therefore, contributory negligence of 10% fixed on the claimant and 90%
negligence fixed on the appellant/Transport Corporation by the Tribunal, vide
impugned award dated 31.10.2025, does not require any interference by this
Court.
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CMA No. 3581 of 2026
11. Accordingly, this Civil Miscellaneous Appeal is dismissed and the
award dated 31.10.2025 passed in M.C.O.P.No.382 of 2020 by the Motor
Accident Claims Tribunal, Special District Court No.II to deal with MCOP
Cases, Cuddalore, is hereby confirmed. There shall be no order as to costs.
Connected miscellaneous petition is closed.
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
To
1.The Motor Accident Claims Tribunal,
Special District Court No.II to deal with MCOP Cases, Cuddalore.
2.The Section Officer,
V.R. Section,
High Court,
Chennai.
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CMA No. 3581 of 2026
M.JOTHIRAMAN, J.
ssb
CMA No. 3581 of 2026
28-10-2026
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