Madras High CourtCMA(MD)/1147/2015dismissed

The Managing Director v. Selvaraj

2017-10-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Thirty First day of October Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1147 of 2015 The Managing Director, State Express Transport Corporation Tamil Nadu Limited, Pallavan Salai, Chennai-600 002.

... Appellant/2nd Respondent.

Vs.

1.Selvaraj ...1st Respondent/Petitioner 2.R.Perumal ...2nd Respondent/1st Respondent.

(The 2nd respondent is the driver of the appellant and that notice may be dispensed with.) Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the order of the Subordinate Judge, Motor Accident Claims Tribunal, Kuzhithurai dated 21.12.2013 and made in M.C.O.P.No.36/2006.

DECREE:This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of Mr.P.Prabhakaran, Advocate for the Appellant and of Mr.F.Deepak, Advocate for the respondent No.1 and notice in respect of Respondent No.2 having been dispensed with, this Court, while dismissing the appeal, doth order and decree as follows:-

1. That the award passed by the Subordinate Judge, Motor Accident Claims Tribunal, Kuzhithurai in MCOP NO. 36/2006 dated 21.12.2013 be and is hereby confirmed and this appeal dismissed.

2. That the appellant, be and is hereby directed to pay the https://hcservices.ecourts.gov.in/hcservices/ award amount of Rs.7,72,000/- with interest at 7.5% per annum and costs from the date of petition till the date of realization, within

a period of twelve weeks from the date of receipt of copy of this order less the amount already deposited, if any.

3. That the claimant be and is hereby permitted to withdraw the entire amount, less the amount already withdraw by him, if any.

4. That there be no costs in this appeal.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To The Subordinate Judge, Motor Accident Claims Tribunal Kuzhithurai.

Copy to:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.P.Prabhakaran, Advocate, SR.No. 84534 Dated : 31.10.2017 DECREE C.M.A.(MD)No.1147 of 2015 Nature of the DECREE: Dismissing the appeal preferred against the award of the Sub-Judge, Kuzhithurai in MCOP No.36/2006 dated 21.12.2013 etc., as stated within.

AM/SKN RSK/SAR 3/20.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/