Madras High CourtCMA(MD)/1283/2008dismissed

The Managing Director v. S.Chandrasekar

2020-11-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.1283 of 2008 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, PERIYAMILAGUPARAI, TRICHY-1.

... Appellant/Respondent Vs S.CHANDRASEKAR, S/O.SUBBIAH PILLAI, 61, 4th CROSS BHARATHI NAGAR, TRICHY-17.

... Respondent/Petitioner Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated:29.09.2006 passed in MCOP No.2408 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court-I), Tiruchirappalli.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of S.C.HEROLD SINGH, Advocate for the Appellant and eventhough the notice was sent and served not appeared either in person or through an Advocate for the respondent, this Court doth order and decree as follows:-

(1) That the judgement and decree dated:29.09.2006 passed in MCOP No.2408 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court-I) Tiruchirappalli be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appellant herein/ Transport Corporation be and hereby is directed to deposit the entire amount awarded by the Tribunal, together with interest to the credit of MCOP No.2408 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court-I)Tiruchirappalli, after deducting the amount already deposited if any, within a period of 8 weeks from the date of receipt of copy of this judgment. https://hcservices.ecourts.gov.in/hcservices/

(3) That on such deposit being made, the claimant shall withdraw the award amount less the amount already withdrawn, if any, together with proportionate interest and costs; and

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To The (Additional District Judge, Fast Track Court-I), Motor Accident Claims Tribunal, Tiruchirappalli.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies.

ORDER DATED : 23/11/2020 ========================== DECREE ========================== CMA(MD). No.1283 of 2008 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree 29.09.2006 in MCOP No.2408 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court-I), Trichirappalli.

SS(CO) CS: 18.01.2021 2P 4C https://hcservices.ecourts.gov.in/hcservices/