Jeyamariammal, v. Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Sixth Day of December, Two Thousand and Seventeen present THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)Nos.1066 of 2016 Jeyamariammal ... Appellant/Claimant Vs.

Tamil Nadu State Transport Corporation Ltd, through its Managing Director, Office at Bye-pass Road, Madurai.

... Respondent/Respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 27.02.2008 made in M.C.O.P.No.861 of 2006 on the file of the Motor Accident Claims Tribunal, (1st Additional Sub Judge), Tirunelveli. DECREE: This 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.T.Selvakumaran, Advocate for the Appellant and of Mr.P.Prabhakaran, Advocate for the Respondent, this Court while allowing the appeal in part with modification of the award of the tribunal, doth order and decree as follows:

1.That, the award dated 27/02/2008 in MCOP No.861 of 2006 passed by the Motor Accident Claims Tribunal(1st Additional Sub Judge), Tirunelveli, be and hereby is modified; 2.That, the compensation amount awarded by the Motor Accident claims Tribunal(1st Additional Sub Judge), Tirunelveli, be and hereby is enhanced from Rs.91,550/- to Rs.1,41,000/- (Rupees one lakh and forty one thousand only) to the claimant/Appellant herein; 3.That, the respondent/Transport corporation herein be and hereby is directed to deposit the sum of Rs.1,41,000/- with interest at the rate of 7.5% per annum, from the date of petition till the date of realisation and costs, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any.

4.That, on such deposit, the claimant/Appellant herein, be and hereby is permitted to withdraw the same by filing proper application before the Tribunal, less the amount already withdrawn https://hcservices.ecourts.gov.in/hcservices/

by the claimant, if any;

5.And, that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To The 1st Additional Sub Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to : The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1cc to Mr.T.SELVAKUMARAN,Advocate,SR. 91642 +1cc to Mr.P.PRABHAKARAN,Advocate,SR.91272 DECREE C.M.A.(MD)No.1066 of 2016 DATED:06.12.2017 Allowing the appeal in part preferred against the Judgment and decree of Motor Accident Claims tribunal(I Additional Sub Judge), Tirunelveli dated 27.02.2008 made in M.C.O.P.No.861 of 2006 and etc., as stated within.

KK/SV MMS/SAR 1/07.02.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/