Madras High CourtCMA(MD)/200/2011dismissed

The Managing Director, v. Sukumaran

2021-04-09Honourable Mr Justice K. Kalyanasundaram2 pages

CMA(MD). No.200 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD)No.200 of 2011 THE MANAGING DIRECTOR,, TAMILNADU STATE TRANSPORT CORPORATION, PONNAMARAVATHI BRANCH, THIRUMAYAM TALUK , PUDHUKOTTAI. ... Appellant/Respondent Vs SUKUMARAN ... Respondent/Petitioner Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the judgment and decree passed in M.C.O.P.No.132 of 2009, dated 09.07.2010 on the file of the Motor Accident Claims Tribunal(Additional District Judge, Fast Track Court), Pudhukottai.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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.S.C.HEROLD SINGH, Advocate for the Appellant and of and the respondent not appearing in person or by Advocate, this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 09.07.2010 made in M.C.O.P.No.132 of 2009 on the file of the Motor Accident Claims Tribunal(Additional District Judge, Fast Track Court), Pudhukottai, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) that the Appellant herein Transport Corporation be and hereby is directed to deposit the entire award amount with accrued interest and costs as directed by the Tribunal, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this Order;

(3) On such deposit being made, the respondent/claimant is permitted to withdraw the award amount by making necessary application before the Tribunal; and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.200 of 2011

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The MOTOR ACCIDENT CLAIMS TRIBUNAl.

(Additional District Judge, Fast Track Court), Pudhukottai, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies ORDER DATED : 09/04/2021 ========================== DECREE ========================== CMA(MD). No.200 of 2011 Nature of Decree:- Dismissing the Civil Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 09.07.2010 made in MCOP.No.132 of 2009 on the file of the Motor Accident Claims Tribunal (Additional District Judge,Fast Track Court), Pudhukottai, etc., as stated within.

KB(28.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2