The Managing Director, Tnstc., Villupuram v. P.K.Geetha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.No.853 of 2013 The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram ... Appellant/Respondent vs.
1.P.K.Geetha 2.P.K.Sruthi (Minor) 3.P.K.Sarath (Minor) (Minors are rep. by their mother and next friend Mrs.P.K.Geetha) 4.A.K.Indira
...Respondents/Claimant
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, the Judgment and decree of the Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai dated 05.09.2012 in MCOP.No.3 of 2009. Decree:This Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal,the order of the Lower court and the material papers in the case and upon hearing the arguments of MR.C.S.K.Satish,Advocate for the Appellant and of Mr.R.Kalaiarasan, Advocate for Fourth Respondent and steps not having been taken to save the notice to the respondent (R2 & R3 are minors),this Court doth order and decree as follows:
1) That the Judgment and decree passed by the Motor Accident Claims Tribunal, Chief Small Causes Court,Chennai dated 05.09.2012 in MCOP.No.3 of 2009 be and hereby is confirmed, Civil Miscellaneous Appeal is dismissed.
2) That the Appellant/Transport Corporation be and hereby is directed to deposit the award amount along with interest from the date of claim till the date of deposit and costs after deducting the amount already deposited if any to the credit of MCOP.No.3 of 2009 within a period of four weeks from the date of receipt of a copy of this Judgment.
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3) That on such deposit being made, the Tribunal be and hereby is directed to transfer the respective shares of award amount along with accrued interest lying to the credit of MCOP.No.3 of 2009 to the bank accounts of the 1st and 4th respondents/claimants within a period of two weeks thereafter.
4) That the respondents 2 and 3/Claimants are minors, their respective shares of award amount shall be deposited in interest bearing fixed deposit in any one of the Nationalised Bank.
5) That the first respondent/mother of the minors permitted to withdraw the interest once in six months for the welfare of the minors.
6)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Motor Accident Claims Tribunal, Chief Small Causes Court,Chennai Copy to:
The Section Officer, VR Section, High Court, Chennai.
Dated:28/08/2020 DECREE C.M.A.No.853 of 2013 Dismissing the appeal preferred against the Judgment and decree passed by the Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai dated 05.09.2012 in MCOP.No.3 of 2009 as stataed within.
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