Madras High CourtCMA/4597/2019partly allowed

K. Ashokkumar v. The Managing Director

2020-12-04Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRSENT:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN C.M.A.No.4597 of 2019 K.Ashok Kumar .. Appellant/ Petitioner Vs.

The Managing Director, TNSTC Limited, Villupuram Division III.

.. Respondent/ Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,1988 against the judgment and decree dated 02.02.2019, made in M.C.O.P.No.670 of 2014 on the file of the Motor Accident Claims Tribunal,Principal Special Judge, Special Court under E.C.& NDPS Act, Chennai.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon hearing the arguments of Mr.T.G.Balachandran,Advocate for the Appellant and of Mr.C.S.K.Sathish, Advocate for the respondent and the Appellant, having paid the requisite Court fee at the time of filing the appeal itself and this Court while allowing this Civil Miscellaneous Appeal in part doth order and decree as follows:

i)that the award of compensation of Rs.7,86,000/- (Rs.Seven Lakhs Eighty Six Thousand Only) be and hereby is enhanced to Rs.8,66,000/-(Rs.Eight Lakhs Sixty Six Thousand Only) together with interest at the rate of 7.5 % per annum from the date of claim petition till the date of deposit; and ii)that the respondent herein/ Transport corporation be and hereby is directed to deposit the enhanced award amount along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.670 of 2014, on the file of the Motor Accident Claims Tribunal, Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai.

iii)that on such deposit being made, the appellant/claimant be and hereby is permitted to withdraw the award amount now determined by this Court, along with interest and costs, less the amount, if any, already withdrawn by making necessary applications before the Tribunal. https://hcservices.ecourts.gov.in/hcservices/

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

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

1. The Motor Accident Claims Tribunal, Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai Copy to:

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

DATED:04.12.2020 DECREE C.M.A.No.4597 of 2019 Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 02.02.2019, made in M.C.O.P.No.670 of 2014, on the file of the Motor Accident Claims Tribunal,Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai etc as stated within.

PPA co A.SK(11.10.2021) https://hcservices.ecourts.gov.in/hcservices/