Madras High CourtCMA(MD)/1115/2015dismissed

Tamilnadu State Transport v. M. Suganthi Mallika

2017-12-20Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Twentieth day of December Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A(MD)No.1115 of 2015 Tamil Nadu State Transport Corporation (Coimbatore Division) Limited, Rep. By its Managing Director, Mettupalayam Road, Coimbatore.

..Appellant/Respondent Vs.

1.M.Suganthi Mallika 2.M.Prasanth 3.Minor M.Pravin Kumar 4.P.Parvathi 5.P.Perumal ..Respondents 1 to 5/Petitioners 1 to 5 ( R - 3 is rep. By R.1-mother) Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree, dated 16.04.2012 passed by the Motor Accident Claims Tribunal/District Court, Karur and made in M.C.O.P.No.623 of 2012.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on 24.11.2017, 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.D.Sivaraman, Advocate for the Appellant and of Mr.P.Ganapathi Subramanian, Advocate for the respondents and having stood over for consideration till this day, this Court while dismissing the appeal doth order and decree as follows: 1.That the award passed by the Motor Accident Claims Tribunal/District Court, Karur dt: 16.04.2012 in MCOP No.623/2012, be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

2.That the appellant herein/Transport Corporation be and hereby shall deposit the entire award amount with accrued interest and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited; https://hcservices.ecourts.gov.in/hcservices/

3.That on such deposit being made, the respondents herein/Claimants be and hereby are permitted to withdraw their share as apportioned by the Tribunal with accrued interest and costs by filing formal petition before the Tribunal; and 4.That there be and hereby no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The District Judge, Motor Accident Claims Tribunal,Karur. Copy to:

The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai(2 Copies) +1CC to Mr.D.Sivaraman, Advocate, SR.No. 93924 +1CC to Mr.S.P.Ganapathi Subramanian, Advocate, SR.No. 94005 ORDER DATED : 20.12.2017 DECREE C.M.A(MD)No.1115 of 2015 Nature of the DECREE:

Dismissing the Appeal preferred against the judgment and decree dated 16.04.2012 passed by the Motor Accident Claims Tribunal/District Court, Karur and made in MCOP No.623/2012 and etc., as stated within.

AM/SV MMS/SAR 2/27.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/