Jeyalakshmi @ Jeyasudha, v. Tn State Transport Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Second day of August Two Thousand and Twenty One PRESENT:

The Hon'ble Mrs.Justice R.THARANI 1.Jeyalakshmi @ Jeyasudha 2.Minor Jeedth Brangilin 3.Joseph 4.Manonmani ... Appellants/Petitioners. (Minor second petitioner rep. by its mother and next guardian the first petitoiner herein) Vs The General Manager Tamil Nadu State Transport Corporation Vannarpettai Tirunelveli. Respondent/Respondent. Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred to enhance the award amount in M.C.O.P.No.1271 of 2010 on the file of the Motor Accident Claims Tribunal (Fast Track Court No.2), Tirunelveli, dated 11/04/2011.

DECREE:-This Civil Miscellaneous Appeal coming on for hearing on Friday, the Thirtieth Day of July Two Thousand and Twenty One, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.T.SELVAKUMARAN, Advocate for the Appellants and of Mr.M.PRAKASH, Advocate for the Respondent and having stood for consideration till this date and in pursuance of the order passed by this Court, the appellant has paid the additional court fee for a sum of Rs.1,230/- (Rupees one thousand two hundred and thirty only)vide USR No.

(1) That the award passed by the the Motor Accident Claims Tribunal (Fast Track Court No.2), Tirunelveli, dated 11/04/2011 be and hereby enhanced from Rs.9,12,000/- to Rs.13,34,200/- (Rupees thirteen lakhs thirty four thousand and two hundred only);

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(2) That the respondent/Transport Corporation be and hereby directed to deposit the award amount of Rs.13,34,200/- (Rupees thirteen lakhs thirty four thousand and two hundred only) along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit and cost within a period of 8 weeks from the date of receipt of copy of this Order, less the amount already deposited, if any;

(3) That on such deposit being made, the major claimants/appellants 1, 3 and 4 be and hereby permitted to withdraw their respective shares as per the ratio fixed by the Tribunal with proportionate interest after deducting any amount received by them earlier;

(4) That the Tribunal be and hereby directed to deposit the share of the minor claimant/second appellant in any one of the Nationalised Banks in a Fixed Deposit scheme, till he attains majority; (5)That, the first appellant, who is the mother and guardian of the minor claimant be and hereby permitted to withdraw the accrued interest once in three months directly from the Bank, only for the welfare of Minor;

(6)That, the Claimants are not entitled for interest for the default period, if there is any and,

(7) 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 (Fast Track Court No.2), Tirunelveli Copy to: The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies) +1 CC to M/s.T.SELVAKUMARAN, Advocate (SR-25099 dated 03/08/2021) 2/3

ORDER DATED : 02/08/2021 ========================== DECREE ========================== Allowing this Civil Miscellaneous Appeal preferred against the award amount in M.C.O.P.No.1271 of 2010 on the file of the Motor Accident Claims Tribunal (Fast Track Court No.2), Tirunelveli, dated 11/04/2011 and etc., as stated within.

GC/25.08.2021/3P/5C 3/3