Tamil Nadu State Transport v. N.N.M. Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT:

The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice KRISHNAN RAMASAMY C.M.A.No.1980 of 2018 Tamil Nadu State Transport corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

... Appellant/1st Respondent Vs.

1.N.N.M.Narayanan ..1st Respondent/1st Petitioner 2.N.Unnamalai ..2nd Respondent/2nd Petitioner 3.National Insurance Co. Ltd.

St.Pauls Complex, OPP to H.P.O.

No.127, Bharathiyar Salai, Trichy.

...3rd Respondent/2nd Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 10.10.2017 made in MACTOP.No.4380 of 2011 on the file of the Motor Accident Claims Tribunal,Chief Judge,Court of Small Causes,Chennai.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the Judgment and decree of the Lower court and the material papers in the case and upon hearing the arguments of MR.M.Krishnamoorthy,Advocate for the Appellant and of Mr.N.Ramesh, Advocate for the first Respondent and the M/s.N.B.Surekha, Advocate for the Third Respondent and the second Respondent notice served no such Address,and this Court doth order and decree as follows:

i)that the Judgment and Decree dated 10.10.2017 made in MACTOP.No.4380 of 2011 on the file of the Motor Accident Claims Tribunal,Chief Judge,Court of Small Causes,Chennai be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

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ii)that the Appellant herein/Transport Corporation to deposit 75% of the award amount along with 7.5% interest, less the amount already deposited, if any, from the date of petition till the date of realisation within a period of 6 weeks from the date of receipt of a copy of this judgment.

iii)that the Tribunal to transfer the award amount to the claimant's Bank account in the same apportionment as awarded by the Tribunal by way of RTGS within period of three weeks from the date of deposit without awaiting for any application from the claimants.

iv) that in case, if the Bank account details are not available, the appellant is directed to furnish the details to the Court below duly within a week from the date of receipt of a copy of this judgment.

v)that there be no costs in this Civil Miscellaneous Appeal.

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

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

2. The Section Officer, VR Section,Madras High Court.

+1cc to Mr.B.Surekha, Advocate SR.No. 16421 +1cc to Mr.N.Ramesh, Advocate SR.No. 16295 +1cc to Mr.M.Kridhnamoorthy, Advocate SR.No. 16374 C.M.A.No.1980 of 2018 DECREE Dated:25.02.2020 Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and decree dated 10.10.2017 made in MACTOP.No.4380 of 2011 on the file of the Motor Accident Claims Tribunal,Chief Judge,Court of Small Causes,Chennai etc as stated within.

JP(CO) A.SK(03.08.2021) https://hcservices.ecourts.gov.in/hcservices/