Tamilselvi, (F/28) v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Nineth day of November Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1253 of 2015 1.Tamilselvi 2.Kavitha 3.Ramya ... Appellants/Petitioners Vs.

The Managing Director, TamilNadu State Transport Corporation, Bye-Pass Road, Dindigul Taluk, Dindigul District.

... Respondent/Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award decree dated 30.06.2015 made in M.C.O.P.No.1173 of 2012 on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court),Dindigul. This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the award of the Tribunal, and the material papers to this case, and upon hearing the arguments of Mr.C.K.M.Appaji, Advocate for the Appellant and of Mr.K.Sudalaiyandi, Advocate for Respondent this Court while allowing the Civil Miscellaneous appeal in part and in modification of the award of the the Tribunal below, doth order and decree as follows:

(i)that the appellants/claimants are entitled to compensation of Rs.5,75,000/-(Rupees Five Lakhs Seventy five thousand only) instead of Rs.3,51,000/-(Rupees Three Lakhs fifty one thousand only)are awarded by the tribunal below.

(ii)that the Respondent/Transport Corporation to deposit the entire award amount of Rs.5,75,000/-(Rupees Five Lakhs and Seventy Five Thousand only) with interest at the rate of 7.5% per annum with costs from the date of petition till the date of realization, within a period of eight weeks from the date or receipt of copy of this order; less the amount already deposited if any. https://hcservices.ecourts.gov.in/hcservices/ (iii)that on such deposit the appellants / claimants shall withdraw the amount as apportioned by the Tribunal, less the

amount already withdrawn by them if any, by filing proper application before the Tribunal.

(iv)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Additional District and Sessions Judge, Motor Accident Claim Tribunal, Dindigul Copy to:

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

+1cc to Mr.K.SUDALAYANDI,Advocate,SR.86320 +1cc to Mr.C.K.M.APPAJI,Advocate,SR. 86207 DATED: 09.11.2017 DECREE C.M.A.(MD)No.1253 of 2015 NATURE OF THE DECREE:

Allowing the appeal in part preferred against award and Decree of the Motor Accidents Claims Tribunal (Additional District and Subordinate Court) Dindigul dated 30.06.2015 made in M.C.O.P.No.1173 of 2012 as etc as stated within.

KK/GT/SAR 4/11.12.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/