Research › Search › Judgment

Madras High Court · body

2022 DAILYLAW 5219 (MAD)

Latha v. Anandakumar

CMA/682/2022 · 2026-07-27

N Anand Venkatesh

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CMA No. 682 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH CMA No. 682 of 2022 Latha W/o. Sivakumar Appellant(s) .Vs. 1. Anandakumar S/o.Ramasamy, 5/269, Jeeva Transport Colony, Senbagapudur Post, Sathyamangalam (Notice to R1 may be dispensed with for the time being for which separate petition is filed herewith) 2.The Managing Director, TNSTC (Coimbatore Division-II) Ltd. Sennimalai Road, Erode-1, Erode District. ..Respondent(s) PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 as amended by Act 54 of 1994, to set aside the award and judgment made in MCOP No.256/2013 on the file of Subordinate Court, Bhavani dt. 10.10.2018. For Appellant(s): C.Kulanthaivel For Respondent(s): Mr.M.Murali Vinodh for R2 https://www.mhc.tn.gov.in/judis 2 CMA No. 682 of 2022 JUDGMENT This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Subordinate Court, Bhavani, passed in MCOP No.256 of 2013 dated 10.10.2018 questioning the rejection of the claim petition by the Tribunal. 2.The case of the claimant is that on 01.07.2012, the claimant was travelling in a two wheeler as a pillion rider which was driven by her son Karthikeyan at Erode to Sathi Road and the offending vehicle which was the bus belonging to the Transport Corporation was driven in a rash and negligent manner and it dashed on the two wheeler as a result of which, the claimant sustained serious injuries. An FIR came to be registered in Crime No.367 of 2012. 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 evidence came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the two wheeler, who was a minor and who did not even possess a driving licence. In view of the same, the claim petition came to be dismissed by the Tribunal by award dated 10.10.2018. Aggrieved by the same, the appeal has been filed before this Court. https://www.mhc.tn.gov.in/judis 3 CMA No. 682 of 2022 4.It is brought to the notice of this Court that the appeal that was filed by the rider of the two wheeler in CMA No.684 of 2021, came to be dismissed by an order dated 25.06.2025. The copy of the order was also placed before this Court. In view of the same, the award passed by the Tribunal has already been confirmed by this Court and it is not possible for this Court to come to a different conclusion in the present appeal. Hence, the result in CMA No.684 of 2021 dated 25.06.2025, will equally apply to this case also. Consequently, this Civil Miscellaneous Appeal also stands dismissed. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. 27-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No KP To Subordinate Judge Motor Accident Claims Tribunal Bhavani . https://www.mhc.tn.gov.in/judis 4 CMA No. 682 of 2022 N.ANAND VENKATESH J. kp CMA No. 682 of 2022 27-07-2026 https://www.mhc.tn.gov.in/judis