Venkatesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.Nos.1722 of 2015 and CMA. 284 of 2014 Venkatesan ... Appellant in CMA.No.1722 of 2015 & Respondent in CMA.No.284 of 2014 ..Vs..

The Managing Director, TNSTC Villupuram Limited, Villupuram ... Respondent in CMA.Nos.1722 of 2015 & Appellant in CMA.No.284 of 2014 Appeal against the Common Judgment and Decree of the Motor Accident Claims Triunal (In the V Court of Small Causes), Chenni, and made in MACTOP.No.388 of 2010 dated 10.10.2013. DECREE: These Appeals are coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Tribunal below and the material papers in this record and upon hearing the arguments of Mr.F.Terry Chella Raja, Advocate for the Appellant in CMA.1722/2015 and for the Respondents in CMA.284/2014 and Mr.K.J.Sivakumar, Advocate for the Appellants in CMA.284/2014 and for the Respondent in CMA.No.1722/2015 and this Court while allowing this appeal in part and in modification of the award of the Tribunal below in CMA.

1722/2015 and dismissing the appeal in CMA.No.284/2014 doth order and decree as follows:- i) That the award of compensation passed by the Motor Accident Claims Tribunal (V Court of Small Causes), Chennai and made in MACTOP.No.388 of 2010 dated 10.10.2013 be and hereby is enhanced from Rs.3,65,500/- (Rupees Three Lakhs Sixty Five Thousand and Five Hundred only) to Rs.4,28,500/- (Rupees Four Lakhs Twenty Eight Thousand Five Hundred only) as awarded by this Court.

2)That the Appellant in CMA.284/2014 and for the Respondent in CMA.1722/2015 Transport Corporation be and hereby is directed to deposit a compensation of Rs.4,28,500/- (Rupees Four Lakhs Twenty Eight Thousand Five Hundred only) together with interest @ 7.5% per annum from the date of claim till the date of deposit, after deducting the amount already deposited if any to https://hcservices.ecourts.gov.in/hcservices/

the credit of MCOP.No.388/2010 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 Tribunal shall transfer the amount lying to the credit of MCOP.No.388 of 2010 (Appellant in CMA.1722 /2015 /Respondents in CMA.No.284 of 2014) through RTGS within a period of one weeks thereafter.

4) That the Civil Miscellaneous Appeal No.284/2014 be and hereby is dismissed.

5) That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar nl To

1. The Motor Accident Claims Tribunal, The Vth Court of Small Causes, Chennai.

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

+2cc to Mr.M.Malar, Advocate, S.R.No. 24622, 24621 +2cc to Mr.K.J.Sivakumar, Advocate, S.R.No.24243, 24243 DATED: 21/04/2021 DECREE CMA.NO.1722 OF 2015 AND CMA.NO.284 OF 2014 Modifying Dismissing the appeal preferred against the Judgment and Decree of the Motor Accident Claims Tribunal (Vth Court of Small Causes), Chennai and made in MACTOP.No.388 of 2010 dated 10.10.2013 etc., as stated within.

RK(CO) GN(11/10/2021) https://hcservices.ecourts.gov.in/hcservices/