Madras High CourtCMA(MD)/1094/2011dismissed

The Managing Director v. Kopperundevi

2021-01-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of January Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.1094 of 2011 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD., KUMBAKONAM.

... Appellant/1st Respondent Vs 1.KOPPERUNDEVI, ...

1st Respondent/Petitioner 2.C.MUTHUSELVAN, 3.THE UNITED INDIA INSURANCE COMPANY LTD., TRICHY.

... 2nd & 3rd Respondents/ 2nd & 3rd Respondents Prayer :-This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 26.04.2006 made in M.C.O.P No.856 of 2003 on the file of the Motor Accident Claims Tribunal Additional Sub Court, Thanjavur. Decree : This Civil Miscellaneous Appeal is coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Motor Accident Claims Tribunal Additional Sub Court, Thanjavur and the material papers in these Appeals and upon hearing the arguments of Mr.K.Gokul, Advocate for Appellant, and Mr.A.S.Mathialagan, Advocate for 3rd respondent, and this Court while dismissing the appeal doth order and decree as follows :

1. That the award dated 26.04.2006 passed in M.C.O.P No.856 of 2003, on the file of the Motor Accident Claims Tribunal Additional Sub Court, Thanjavur be and hereby is confirmed and Civil Miscellaneous Petition is Dismissed;

2. That the Appellant/Transport Corporation be and hereby is directed to deposit the entire award amount with accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order;

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3. That, on such deposit, the claimant/1st Respondent be and hereby is permitted to withdraw the award amount, less the

amount already withdrawn, if any, together with proportionate interest and costs;

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal Additional Sub Court, Thanjavur Copy to:

The Record Keeper,( 2 COPIES) V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.A.S.MATHIALAGAN, Advocate ( SR-1791 dated 22/01/2021 ) ORDER DATED : 21/01/2021 ========================== DECREE ========================== CMA(MD). No.1094 of 2011 Dismissing the CMA(MD).No.1094 of 2011 preferred against the award dated 26.04.2006 made in M.C.O.P No.856 of 2003 on the file of the Motor Accident Claims Tribunal Additional Sub Court, Thanjavur.

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