Madras High CourtCMA(MD)/458/2019partly allowed

The Managing Director, v. C.Indra Ruth Thangaselvam,

2019-06-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Twenty Sixth day of June Two Thousand and Nineteen PRESENT :

The Hon'ble Mrs.Justice J.NISHA BANU CMA(MD) No.458 of 2019 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD., (MADURAI DIVISION), VANNARPETTAI, TIRUNELVELI. ...Appellant/Respondent Vs C.INDRA RUTH THANGASELVAM ... Respondent/Petitioner Prayer :- Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 06.11.2014 made in M.C.O.P.No.126 of 2014 on the file of the Motor Accident Claims Tribunal / II Additional District Court, Thoothukudi.

DECREE:

Civil Miscellaneous Appeal is 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 this Appeal and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant, and this Court while Allowing the Appeal in Part and confirming the award passed by the Tribunal below, doth order and decree as follows:

1) That, the Judgment and decree dated 06.11.2014 made in M.C.O.P.No.126 of 2014 on the file of the Motor Accident Claims Tribunal / II Additional District Court, Thoothukudi, be and hereby is confirmed and Civil Miscellaneous Appeal is Partly Allowed;

2) That, the appellant herein / Transport Corporation be and hereby is directed to deposit the entire award amount of Rs.19,70,000/-(Rupees Ninteen Lakhs and Seventy Thousand only) with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit, less the amount already deposited, if any, and costs, to the credit of the claim petition, within a period of eight weeks from the date of receipt of a copy of this judgment;

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3) That On such deposit being made, the Claimant herein / Sole respondent be and hereby is permitted to withdraw the entire amount by filing a formal permission petition before the Tribunal;

4) That, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar(CS- ) TO The Motor Accident Claims Tribunal/ II Additional District Court, Thoothukudi Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai( 2copies) +1 CC to M/s.P.PRABHAKARAN, Advocate SR-71404 ORDER DATED : 26/06/2019 ========================== DECREE ========================== CMA(MD) No.458 of 2019 Nature of Decree : ALLOWING IN PART this CMA(MD).No.458 of 2019 preferred against judgment and decree passed by II ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI,MACT, made in M.C.O.P.NO.126/2014 on 06/11/2014 etc., as stated within.

ES/27.06.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/