Tamil Nadu State Transport v. M.Tamilarasi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Sixth day of January Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.16 of 2017 The Tamil Nadu State Transport Corporation Ltd., Tirunelveli through its Managing Director.

... Appellant/Respondent Vs.

1.M.Tamilarasi 2.Minor M.Ragul 3.Minor M.Tharun (Minor respondents 2 and 3 are represented by next friend and mother Tamilarasi the 1st Respondent) 4.B.Muthulakshmi ... Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal against the Award of compensation passed by the Motor Accidents Claims Tribunal/VI Additional District Court, Madurai dated: 04/11/2015 made in MCOP NO. 191 of 2013.

DECREE: Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court, and material papers relating to the case and upon hearing the arguments of MR.P.PRABHAKARAN,Advocate for the appellant/Respondent and MR.K.KUMARAVEL,Advocate for the respondents/Petitioners, this Court while dismissing the appeal, doth the decree and order as follows:

1. That the Award of compensation Rs.10,54,000/-(Rupees Ten lakhs and fifty Four Thousand Only) passed by the Motor Accidents Claims Tribunal/VI Additional District Judge, Madurai, be and hereby is enhanced suo motu to Rs.18,00,000/-(Rupees Eighteen Lakhs only).

2.That the rate of interest awarded by the Tribunal is hereby remarks unaltered in the appeal herein.

3. That the first respondent/wife is hereby entitled to Rs.7,00,000/-(Rupees Seven Lakhs Only) and the minor

Claimants/respondent 2 and 3 are hereby entitled to Rs.5,00,000/- in each (Rupees five laksh only) and the mother is entitled to a sum of Rs.1,00,000/-(Rupees one lakh only).

4. That the appellant-Transport Corporation be and hereby is directed to transfer the enhanced amount directly to the personal savings Bank Account Numbers of the respondents 1 and 4 as per the apportionment made by this Hon'ble Court on or before 06/03/2017, failing which, the Chairman-Cum-Managing Director and Chief Accounts Officer shall appear before this Hon'ble Court, when the matter would posted for compliance after eight weeks.

5. That the appellant-Transport Corporation is hereby directed to deposit the shares of respondent 2 & 3, before the Tribunal, which, in turn, deposit the same in on interest bearing fixed deposit, in any one of the Nationalised Banks under the renewable Scheme, till the Claimants attain majority.

6.That there shall be no costs in the appeal herein. Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To

1. The Motor Accident Claims Tribunal/ VI Additional District Court, Madurai.

2. The Chairman-cum-Managing Director, Tamil Nadu State Transport Corporation Ltd., Tirunelveli.

3. The Chief Accounts Officer, Tamil Nadu State Transport Corporation Ltd., Tirunelveli.

Copy to:

1. The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

2. The Record Keeper,V.R.Section, Madurai Bench of Madras High Court,Madurai.

3. The Section Officer, Judicial Posting Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.P.Prabhakaran, Advocate, in SR No.1241. +1cc to M/s.K.Kumaravel, Advocate, in SR No.1406. DATED : 06/01/2017 DECREE CMA(MD)NO.16 OF 2017 Nature of DECREE: Dismissing the Appeal against the Award of compensation passed by the Motor Accident Claims Tribunal,VI Additional District Judge, Madurai, dated 04/11/2015, made in MCOP No.191/2013 etc., AM/MPA EM/SAR-1/10.01.2017/3P/9C