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Madras High CourtCMA/2679/2008dismissed

The Managing Director v. Minor Malathi

2019-07-16Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINETEEN PRESENT THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.A.Nos.2679 of 2008 The Managing Director State Express Transport Corporation (TamilNadu) Ltd (Formerly Thiruvalluvar Transport Corporation Ltd Madras) Appellant / Respondent (cause title accepted vide order of this Court dated 11.08.2008 in MP.No.1 of 2008) Vs

1. Minor Malathi

2. Minor Renuka (Minors are represented by their next friend Selvaraj) Respondents / Petitioners Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and Decree dated 17/01/2005 made in MCOP.No.237 of 2000, on the file of Motor Accidents Claims Tribunal/Sub Court, Madurantakam.

Decree: This Civil Miscellaneous Appeal coming up for hearing on this day, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mr.M.Krishnamoorthy, Advocate for the Appellant and of Mr.R.Muralidharan, Advocate for the Respondents, this Court while observing that the Respondents have attained majority, by now, doth order and decree as follows: 1.that the award and Decree dated 17/01/2005 made in MCOP.No.237 of 2000, on the file of the Motor Accidents Claims Tribunal/Sub Court, Madurantakam, be and hereby are confirmed and this Civil Miscellaneous Appeal is dismissed;

2.that the appellant herein/Transport Corporation be and hereby is directed to deposit the award amount as ordered by the Tribunal with interest and costs, after deducting the amounts, if any, already deposited within a period of four weeks from the date of receipt of a copy of this Judgment.

3.That on such deposit being made, the respondents herein/claimants be and hereby are permitted to withdraw their respective shares as apportionment by the Tribunal, as making proper application and 4.that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar To 1.The Subordinate Judge, The Motor Accident Claims Tribunal Madurantakam.

Copy to:

The Section Officer, V.R.Section Madras High Court Chennai 104.(+2 copies) +1cc to Mr.R.Muralidharan, Advocate, S.R.No.60450 C.M.A.Nos.2679 of 2008 Nature of Decree: Dismissing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 17/01/2005 made in MCOP.No.237 of 2000, on the file of the Motor Accidents Claims Tribunal/Sub Court, Madurantakam, etc., as stated therein.

SSN(CO) CB(31/08/2021)