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Madras High CourtCRP/604/2021disposed of

B.Appasamy v. B. Ayyanar (Died)

2021-03-19Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT:- THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.NO.604 OF 2021 The Managing Director, Tamilnadu State Transport Corporation Limited, Division III, NH4, Ponnerikarai, Karaipettai Village and Post, Kanchipuram.

.. Appellant/Respondent ..Vs..

1.B.Amirtham @ Amerthammal S.Balan (died) 2.E.Tamil Selvi 3.K.Suganya .. Respondents/Petitioners Prayer:

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 22.11.2019, made in M.C.O.P.No.888 of 2017, on the file of the Motor Accident Claims Tribunal, Additional District Court (FTC), Kanchipuram.

DECREE:- This Civil Miscellaneous Appeal coming on for hearing as to admission on this day, upon perusing the the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mr.K.J.Sivakumar, Advocate for the Appellant, this Court doth order and decree as follows:- 1.

That the Compensation award and decree dated 22.11.2019 made in M.C.O.P.No.888 of 2017 on the file of the Motor Accidents Claims Tribunal/Additional District Court, Kanchipuram be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

2.

That the appellant herein/Transport Corporation is directed to deposit the award amount together with interest and costs, less the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.888 of 2017; 3.

That On such deposit being made the respondents shall be permitted to withdraw their share of the award amount, as per the ratio of apportionment fixed by the Tribunal, along with proportionate interest and costs, after adjusting the amount, if any, already withdrawn, by filing necessary applications before the Tribunal;

4.

That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsa To 1.

The Motor Accident Claims Tribunal, The Additional District Judge, Fast Track Court, Kanchipuram.

Copy To The Section Officer, V.R Section, High Court, Madras.

+1cc to Mr.K.J.Sivakumar, Advocate, S.R.No.12407 +1cc to Mr.C.Prabhakaran, Advocate, S.R.No.12448 Order Dated :-01.03.2021 DECREE:- C.M.A.No.604 of 2021 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 22.11.2019 made in

M.C.O.P.No.888 of 2017 on the file of the Motor Accidents Claims Tribunal, the Additional District Court,(FTC), Kanchipuram, etc., as stated therein.

AD(CO) CS/09/09/2021